The main legal point established in the judgment is that the Receiver's powers are limited to those conferred upon him by the court, and he cannot exceed those powers, especially in matters of property management.

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - Instant revision petition has been filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 15.06.2021 (Annexure P-9) passed by Civil Judge (Jr. Div.) Jagraon vide which an application filed for issuance of appropriate/necessary directions to the Tehsildar, Jagraon/Receiver appointed under Order XL CPC by the trial Court vide order dated 09.03.2021 (Annexure P-7) to lease out the suit property by way of an open bid at competitive prevailing rates, was dismissed.

2. For the sake of convenience, the parties to the lis hereinafter would be referred to by their original position in the suit.

3. Before proceeding further, it would be apposite to give a brief sequence of events leading to the filing of instant petition. The plaintiff petitioner filed a suit for declaration to the effect that Rikhi Ashram Om Waheguru Nirmal Panth plaintiff-Trust Agwar Lopon Kothi Swami Nahar Singh Ji (hereinafter referred to as 'plaintiff-Trust') and other properties as mentioned in the plaint were owned, possessed and managed by four Sadhus Trustees and two members of Ranjit Singh Family under the patronage of duly elected and incumbent Mahant Darshan Singh Chela Mahant Waryam Singh Chela Swami Nahar Singh Ji. It was further pleaded that the defendants-respondents thus, had no right, title or concern with the suit property of the plaintiff-Trust. A further declaration was also sought that Mahant Darshan Singh was duly appointed Mahant/Mohitmum of the plaintiff-Trust and was thus, entitled to manage and control the suit properties. Consequential relief of permanent injunction was also sought from restraining the defendants from interfering in the possession, management, control and administration of plaintiff-Trust and its properties including the control and management of the hospital in the name of Swami Nahar Singh Memorial Society and agricultural land etc. A further relief of rendition of account from defendant No.2 from the year 2009 upto March, 2014 was also sought on the basis of oral and documentary evidence. It was pleaded that the plaintiff-Trust had been formed by Nahar Singh s/o Santa Singh vide Trust Deed dated 04.01.1921. On the basis of a compromise effected between Gurkirpal Singh, Harbans Singh sons of Ranjit Singh son of Swami Nahar Singh and the Trustees in 1980, the plaintiff-Trust continued to function in accordance with the intention of the founder of the plaintiff-Trust as well. It was also stated in the plaint that Sant Darshan Singh was appointed as Mohtimum of the plaintiff-Trust vide resolution No.39 dated 18.03.2014. Since then the plaintiff-Trust and all its properties i.e. moveable and immoveable were under the control of Mahant Darshan Singh. However, after the resignation of defendant No.1 as Chairman of the plaintiff-Trust, defendant No.1 was removed from the post of Mahant vide resolution No.36 dated 02.03.2014. After his expulsion, defendant No.1 joined hands with defendants No.2 to 7 and was trying to interfere into the peaceful possession, management and control of the plaintiff-Trust and of its properties.

4. Defendants No.2 to 7 after putting in an appearance before the trial Court filed their written statement and thereafter, the trial of the suit commenced after framing of issues.

5. During the pendency of the suit, an application under Order XL read with Section 151 CPC (Annexure P-3) was moved by the plaintiffTrust for the appointment of a Receiver to maintain the income and expenditure of the land owned and possessed by the plaintiff-Trust so as to avoid multiplicity of criminal and civil litigations between the parties and also to prevent irreparable loss and wastage of funds etc. of the plaintiffTrust. The said application was allowed by the trial Court vide order dated 16.02.2018 (Annexure P-4) and Mr. Subhash Chander, Advocate was appointed as Receiver of the Court to look after the income and expenditure of the plaintiff-Trust