The main legal point established in the judgment is the court's interpretation of the power to appoint a Receiver, the right to possession, and the limitations under Order XL Rule 1(2) of the Civil Procedure Code.

Sadasiva Aiyar, J.

1. These are appeals against the order of the Subordinate Judge of Kumbakonam appointing a Receiver for the lands belonging to Pasupatheswara Swami temple near Kumbakonam. The plaintiff and the defendants NOs. 1 to 3 are the four hereditary trustees of the temple. The defendants Nos. 4, 5 and 6 have each executed a separate registered rent-deed in favour of the plaintiff and the defendants Nos. 1 to 3 jointly; each of the former has thus become the sole lessee of one set of lands belonging to the temple. The plaintiff alleges in his plaint that these leases were really taken for the benefit of the defendants Nos, 1, 2 and 3 respectively by their creatures defendants Nos. 4, 5 and 6; that ha did not consent to accept the rent-deeds which stand in his name also ; that defendants Nos. 4, 5 and 6 are persons of no status or property, and that the leases should be avoided as they were given by the defendants Nos. 1 to 3 in breach of trust. The leases provided for payment of installments of paddy rent in the month of November (after the Kuravai harvest), and in the months between January and April (after the Samba harvest), a small sum in cash being also payable for the rent of Punja lands.

2. As regards the rent payable between January and April 1919 under the rent-deeds, the defendants Nos. 4, 5 and 6 have made default to the following extent, respectively, according to the tenor of the lease deeds. The fourth defendant has defaulted to pay about Rs. 4,714 of the rent due by him, the fifth defendant has made default to the extent of about Rs. 5,052. Sixth defendant has made default to the extent of about Rs. 5,052. The rent-deeds provide that, if default is so made, the temple can enter into possession without reference to the term of seven years (ending on the 30th January 1925) mentioned in the rent-deeds, The plaintiff had applied for the appointment of a Receiver in January 1919 itself. Mr. C.V. Visvanatha Sastriar, the then Subordinate Judge, passed an order on that petition on the 4th February 1919. Paragraph 9 of the order is as follows: "I therefore, order defendants Nos. 4, 5 and 6 do pay out of the rents due by them" (to the trustees) under their respective lease-deeds 450 kalams each to defendants Nos. 1, 2 an<&3. The rest of the rents due to them" (that is, the trustees) "will have to be paid by them into Court. The paddy rent due by them will be converted into money, the paddy being sold by them (after giving proper notice to the plaintiff) to the person who offers the highest price, the money rent due by them will also be paid into Court. In case the defendants Nos. 4, 5 and 6 do not obey the conditions imposed on them by this order, they will render themselves liable to be removed from possession and a Receiver will have to be appointed in respect of the properties." As I said, this order was passed on the 14th February 1919. The defendants Nos. 4, 5 and 6 have committed the further defaults in making payments in accordance with this order to the extent of fifteen thousand and odd rupees, as already stated. So a further application was made by the plaintiff for the appointment of a Receiver and Mr. Viswanatha Sastriars successor passed the order, dated 7th October 1919, against which these appeals have been filed, No doubt, as the Subordinate Judge says, "the matter has to be decided or broad facts made oat primi facie and not entering into details at this stage." The defendants Nos. 4 to 6 have not act up to the order of the 14th February 1919 ii which they were warned that a Receive would be appointed, and that they would bf ejected if they did not obey the order Their excuse for disobedience is that the hoped against hope that they would be at to obtain from the Samba harvest sufficient paddy to pay the rents due by them according to the rent-deeds executed by them but they found that they were able to realise only much less and that, according to the custom in the Tanjore District, they