BAHARUL ISLAM
DAKSHINPAT SATRA – Appellant
Versus
MOHANLAL BIYANI – Respondent
This is an application under Section 476 of the Code of Criminal Procedure. There are three petitioners. Petitioner No. 1 is a Satra, petitioner No. 2 is the Satradhikar of the Satra, and petitioner No. 3 is the alleged lessee of the Satra.
2. The facts of the case, briefly, are as follows :
The petitioners as plaintiffs, instituted Title Suit No. 21 of 1971 in the Court of the Assistant District Judge, Jorhat, against opposite party No. 2. M/s. Kothari Plantations and Industries Ltd. for restoration of Khas possession of the suit properties after evicting the defendant therefrom, for compensation and for appointment of a Receiver. Opposite party No. 2 filed a written statement and contested the suit. In the suit the petitioners filed an application on 31-1-1972 under Order 40, Rule 1 of the Code of Civil Procedure for appointment of a Receiver on the allegation that there was deterioration of the tea bushes for want of proper care cultivation and manuring for removal of seedlings and fencing illegally felling and selling of trees from the suit land. The Assistant District Judge was hearing the application for appointment of Receiver. The petitioners examined six witnesses in
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