Mohammad Maqsood all K.B. vs Jagat Ram, B.

Malik, C.J.—This appeal was filed by the mutwalli against the order passed by the learned District Judge of Saharanptir directing he sale of the waqf property. The decree passed against the appellant was of repayment of money borrowed for there purposes of the waqf. The money was, therefore, clearly realizable from the waqf estate. Under the CPC however a decree can be executed in various ways and one of the modes of execution is by appointment of a receiver. A receiver was appointed under the order of this Court and I understand that a part of the decretal amount has already been paid up and if the receiver is continued it is likely that the whole of the decretal amount will be realised in the near future I, therefore, consider that the property need not be sold at this stage and the receiver may continue. This order, however, does not mean that in case how there is no likelihood of the decretal amount being paid up by the appointment of a receiver the decree holder cannot move the lower court for execution of the decree by sale of the waqf property. Since both counsel have agreed to this order I consider it is not a fit case in which I should award any costs.