N PALANIVEL CHETTIAR Vs. K RAJESWARI

JUDGEMENT

(1.) THESE appeals have arisen from a common order of the learned Single Judge of this Court made in O.A.Nos.1088, 1089 and 5183 of 2008 in C.S.No,954 of 2008, a suit for partition.

(2.) PENDING the suit, the plaintiffs, the respondents 1 to 9 herein, filed these three applications namely (i) O.A.No.1088/2008 for appointment of a receiver to take charge of all the properties and business mentioned in Schedule 'A' to 'F' and collect rents from the tenants in occupation of the said property and deposit the same, (ii) O.A.No.1089/2008 for an interim injunction restraining the respondents therein from dealing with any of the properties mentioned in Schedule 'A' to 'F' and (iii) O.A.No,5183/2008 for appointment of an advocate commissioner to inspect the property at Door Nos.16 and 17, Cart Track Road, Maduvankarai, Velacherry, Chennai, and file a report. The appellants/defendants 1 and 2 on appearance contested the applications by filing a counter.

(3.) AFTER hearing the learned Counsel on either side and looking into the materials available, the learned Single Judge took the view that it was not a fit case where neither a receiver nor an advocate commissioner could be appointed but, it was a fit case where an interim injunction directing the respondents not to encumber or alienate the property mentioned in Schedule 'A' to 'F' to the plaint without seeking prior permission of the Court could be granted. While making the order, the learned Single Judge has directed the first defendant to pay a sum of Rs.15 lakhs towards the advance money received from Ragavendra Educational Trust to the first plaintiff who will in turn deposit in a fixed deposit in any branch of a nationalised bank, and out of Rs.3.50 lakhs collected from the trust and apart from giving credit to the property taxes and maintenance expenses, it was ordered that Rs.1.50 lakhs might be paid to the first plaintiff starting from 1.9.2009 every month till the disposal of the suit. Since the rent was collected from April 2008 and the defendants have already collected 16 months' rent and the arrears of rent collected would come to nearly Rs.54 lakhs, the first defendant was directed to pay Rs.24 lakhs to the first plaintiff who in turn will share it with other plaintiffs according to their share to which each one is entitled to.