CHANCHALBEN PANCHAL Vs. SURESH DHARAMRAJ REDIJ

JUDGEMENT

(1.) NOTICE of motion is made returnable after six weeks. This is notice of motion taken out by the plaintiff for appointment of Court Receiver. The plaintiff claims to be the owner of the premises. According to the plaintiff, the original tenant of the premises was Mrs Parvatiben Patankar who died on 19th January 1998 leaving behind only one daughter by name Miss Kamal Patankar. She was unmarried. She also died on 4th October 2000. According to the plaintiff, there are no heirs left behind by the tenant Parvatiben and her daughter Kamal. Therefore, the landlord has locked the premises. According to the plaintiff, the defendent - Vidyadhar alias Suresh has no connection with the premises and that he is trying to grab the said premises.

(2.) I have heard learned counsel for the defendants also. He submitted that he has documents in his possession showing that he was living with the tenant Parvatiben during her life time as a member or her family. Therefore, I had adjourned the matter to enable the learned counsel to produce the documents, but he is not able to produce any document to indicate that he was staying with the tenant Parvatiben during her life time.

(3.) TAKING overall view of the matter, in my opinion, therefore, it would be appropriate to grant ad-interim order in terms of prayer clause (a) excluding the bracketed portion. It is directed that the Court Receiver, after taking possession of the premise shall appoint the plaintiff as his agent to be in possession of the premises on usual terms and conditions, however. without security and without royalty. Till the Court Receiver takes possession, ad-interim order in terms of prayer clause (b) shall operate. At the request of the learned counsel for the defendants, the Court Receiver is directed not to take physical possession of the suit premises for a period of two weeks from today.