' This revision petition is directed against order dated 13-2-1978 passed by learned Additional District Judge, Lahore dismissing petitioners appeal against order dated 10-7-1977 passed by the learned trial Court through which, application of the respondents for appointment of receiver during the pendency of their suit for rendition of accounts, mandatory and perpetual injunctions has been accepted and receiver appointed.
2. The case of the plaintiffs was that the petitioners were not the owners of the property but the same being property of 'Takia Kashmirian Khisht Faroshan' was meant for the interest of all the members of the Baradari Khisht Faroshan but it was being administered by the petitioners alone.
The petitioners 4enied the allegations and pleaded that they were the owners of the property. In this view of the matter it was rightly argued by the learned counsel for the petitioners that according to well-established law where the ownership of the property by the plaintiffs jointly was denied, the defendants could not be dispossessed from the property unless it was proved in the suit that the property was commonly owned by all the parties.
3. The two Courts below have not found that there was any allegation of waste. The petitioners having pleaded that they were the owners of the property and the plaintiffs had no common interest with them in the property as owners therefore, the petitioners could not have been dispossessed and receiver could not have been appointed. The two Courts below acted with material irregularity and illegality in passing the impugned orders which is violative of well-settled principles by the superior Courts regarding appointment of receiver where the ownership of the plaintiffs was categorically denied.
4. The revision petition is accepted, the orders of both the Courts below impugned are set aside and the application moved by the plaintiff for appointment of receiver stands dismissed. There will be no order as to costs.