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Civil Procedure Code (V of 1908),

O. XL, r. 1‑Receiver, appointment of‑Appellants in possession as allottees of disputed land since 1949‑Respondent's appeal against order rejecting their claim that land was non‑evacuee property still pending‑Respondents' prayer for appointment of receiver, in circumstances, rejected -Appellants however restrained from alienating or encumbering land during the pendency of appeal.

K. A. Ghani, Advocate‑on‑Record for Petitioners.

S. M. Hanif Advocate‑on‑Record for Respondents.

Date of hearing : 21st August 1970.

MUHAMMAD YAQUB ALI, J.‑

The respondents in Civil Appeal arising from P. S. L. A. No. K‑166 of 1968 have applied for appointment of a Receiver of the land, in dispute, mater alia on the ground that the appellants are during the pendency of the appeal disposing of parcels of land. It is also urged that the order for maintaining status quo during the pendency of the appeal was obtained on incorrect and false pleas.

The appellants have been admittedly in possession of the disputed land as allottees since 1949. The ground on which the application to revise the order of the Assistant Custodian of Evacuee Property granting to the respondents a declaration many years after the allotment that the land was non‑evacuee was rejected by the Custodian of Evacuee Property on an erroneous view that evacuee laws did not apply to the former Khairpur State. In the circumstances, it is not just and proper to disturb the possession of the appellants by appointment of a Receiver. They are, however, restrained from alienating or in any manner encumbering the land, in dispute, during the pendency of the appeal. They will further take all necessary steps to complete the appeal at an early date.

The petition is, in the terms aforesaid, dismissed.

Order accordingly.

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