( 1 ) THIS Rule is directed against the judgment and order dated October 5, 1972 passed by the Additional District Judge. 12th Court, Alipore in Misc. Appeal No. 133 of 1972. By the said order the learned Additional District Judge set aside the order passed by the learned Subordinate Judge, 2nd Court, Alipore rejecting the application filed by the plaintiff-opposite party for appointment of a Receiver in respect of the suit property.

( 2 ) THE opposite party who is the son of the petitioner, filed a suit, namely. Title Suit No. 32 of 1971 for declaration of title to premises No. 54/1/1, Hazra Road. Calcutta, and for injunction, accounts and other reliefs. In the said suit the opposite party alleged that his grandfather, late Mahendra Nath Banerjee who was the owner of certain properties left a Will by which his two sous, namely. Hrisikesh and Kumud Ranjan, the defendant each got 1/3rd share of the properties in lifetime interest and the remaining 1/3rd share was bequeaihed to the testator's widow Nalinibala. The Will further provided that on the death of Nalinibala her 1/3rd share would go to Ajit and Adhir, the two sons of Bhadreswar, who was another son of the t