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Civil Petition for Special Leave to Appeal No. K‑72 of 1975, decided on 24th October 1975.

(On appeal from the orders of Lahore High Court; Lahore, dated 16‑1‑1975 and 31‑3‑1975 in Suit No. 12 of 1975).

Civil (Procedure Code (V of 1908)--

---O. XL, r. 1(a)‑Receiver, appointment of Factum of gift disputed but respondent's claim prima facie supported by declaration of gift by donor‑Lower Court discharging receiver of property in petitioner's possession and putting both parties on conditions thereby protecting interests of both parties‑Appointment of Receiver, in circumstances, held, rightly declined.‑‑[Receiver].

N. A. Farouqi,

Advocate Supreme Court instructed by V. A. Kidwai, Advocate‑ on‑Record for Petitioner.

Nemo

for Respondent.

Date of hearing : 24th October 1975.

MUHAMMAD YAQUB ALI, J.

‑The order passed by the High Court is in aid of justice and does not call for interference in exercise of our special jurisdiction.

The learned Judge has declined to appoint Receiver of the property which, the respondent claims, has been gifted to him by his late father Sardar Muhammad Azim Khan. The factum of gift is disputed by the petitioners who are heirs of the donor but the respondent's claim prima facie is supported by the declaration of gift made by the donor on 31‑1‑1974. At the same time the learned Judge has discharged the receiver of the property in possession of the petitioners. Both the parties have also been put on conditions so that the respective interests of both parties are protected.

The learned counsel says that the observations made by the learned Judge have a bearing on the merits of the suit. We do not think so, as these observations are confirmed only to the order refusing to appoint a receiver of the property in suit.

The petition for leave to appeal is dismissed.

Petition dismissed.

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