( 1 ) PENDING a suit on a mtge, under which the machinery, the furniture and other paraphernalia of a cinema house had been pledged, the opposite party 1 was appointed a sapurdar by the learned munsif of Chandausi under an order dated 29-11-1949. The building in which these items of property had been installed was not a part of the security. In fact it could not be, as the defts in the mtge suit held the building only as lessees on behalf of the original owner or owners for the purpose of running a cinema show. All the same, those things had been permanently fixed and installed in the Hall as found by the learned Munsif, when the sapurdar (opposite party 1) was put in possession of the properties mortgaged, he had necessarily to be put in possession of the building also. He was in fact put in possession of the building under the order dated 29-11-1949 appointing him a sapurdar.

( 2 ) IN the course of his functions as sapurdar the opposite party 1 was found to have misbehaved. The learned Munsif remarked: "he abused his position as sapurdar and acted in bad faith from the beginning to the end. I have discussed his conduct in detail in the course of my orders dated