JUDGMENT

R.S. Pathak, J. - This is a plaintiff's appeal against an order of the learned Civil Judge, Farrukhabad directing that the remuneration of the Receiver should be met from the profits of the property in suit, and the deficiency, if any from one of the defendants personally.

2. Original suit No. 42 of 1958 was filed by the appellant for a declaration that he was the sole proprietor of the cattle market and for an injunction restraining his brothers from interfering with his possession and management of the market. One of the two brothers was Attat Mand Khan. During the pendency of the suit Attat Mand Khan applied for the appointment of a Receiver, and it appears that on May 17, 1951 an order was made by the trial court appointing one Shafiqur Rahman as Receiver. At a later stage of the litigation, another order was made by the trial court on November 16, 1966 appointing Shri K. B. Hajela as Receiver in place of Shafiqur Rahman. His remuneration was fixed at 4% of the income from the share of Attat Mand Khan in the property. On December 2, 1956 the trial court modified the order and fixed the remuneration of the Receiver at Rs. 401- per day for each day on which he worked and