( 1 ) THIS is an application by a receiver appointed by this Court during the pendency of the appeal in the Supreme Court. The prayer of the applicant is that the order of the court below be set aside and he be permitted to obtain actual cultivatory posses sion over the Sir and Khudkasht lands in dispute in. the case,

( 2 ) THE facts of the case, briefly stated, are as-follows. The suit out of which the Supreme court-appeal has arisen was filed by one Mahant Uma Shankar against the applicant Mahant prem Das for possession over the endowed property of which the last Mahant was one Bhola das. Uma Shankar claimed to be the Chela of Mahant Bholadas and duly elected as the Mahant of the estate after the death of Bholadas. This claim was contested by the applicant Mahant Prem Das who claimed himself to be entitled to succeed as Mabant after the death of Mahant Bholadas.

( 3 ) THE property in dispute included certain Sir and Khudkasht plots. During the pendency of the suit, the Court below appointed, one Ghet Ram as receiver of the zamindari property including the Sir and Khudkasht land in dispute by an order dated 6-12-1943. The receiver took charge of the zamin-dari property and of the Sir and Khudkasht lands from the applicant Mahant Premsukh das.

( 4 ) ON 11-10-1944, the suit was decreed by the court below, the receiver was discharged and uma Shankar plaintiff took delivery of possession of the property in dispute including the Sir and Khudkasht lands from the receiver. The applicant Mahant Prem Das filed a first appeal in this Court and applied for the appointment of a receiver. On 13-4-1945, this Court ordered that a receiver be appointed over the property in dispute and directed the court below to name a suitable person as receiver. On 26-4-1954 the court below appointed one Daraodur Swarup, who was official receiver, us receiver of the disputed property. The official receiver took actual possession of the Sir and Khudkasht plots.

( 5 ) ON 21-13-1845 Damodar Swarup receiver asked for direction from the court below as to how he should maiuige the Sir and Khudkasht plots which were lying uncultivated. Both parties to the litiga-tion, namely Uma Shankar and the applicant Prem Das, made separate applications to the court below praying that the Sir and Khudkasht land may not be given to an outsider as in that case tenancy rights would he created and the character of Sir and Khud-kasht would be lost. Both offered to take the plots under their own cultivation on theka. It was stated in Uma shankars application that:

"there are Sir and Khudkasht plots in the estate in dispute. The receiver has not arranged for their cultivation and intends to let them out to strangers on rent or theka. If that is allowed the Sir rights of the plaintiff will bo put in jeopardy because he pays more than Rs. 23/- as local rate and as the Sir is of the year 33-34 Fasli and is not an old Sir as has happened respect ol certain other cases relating to the very same estate and about which litigation is going on. In these circumstances it is prayed that the whole of the Sir and Khudkasht land be given over to me, the plaintiff himself, on reasonable and legal lease money for cultavation. I, the plaintiff, will pay to the receiver every half-yearly the lease money and will be responsible lor the profit and loss of the cultivation. "

The court acceded to the prayer of both parties that the plots be not given to a third party. The courts order was as follows:"the decree-holder applies that he is ready to take the land from the Receiver for cultivation and the other party has also no objection to the Receivers letting them out to any tenant. The lands are Sir and Khudkasht and the Receiver says that he has not been cultivating them and they are lying uncultivated. It was the primary duty of the Receiver to cultivate the land but if he cannot do so and by letting them out to other tenants legal complications may arise in the long run, the Receiver may let