MAJID AHMEDBHAI OOMERBHOY Vs. RASHID SATTAR OOMERBHOY

JUDGEMENT

(1.) THIS Chamber Summons is taken out by the original plaintiff challenging the quantum of royalty fixed by the Court Receiver appointed by this Court in respect of:

(2.) AS regards flat no.2A, 2nd floor, Andromeda Co-operative Housing Society Ltd., this Court observed that it was in possession of respondent no.2 Anwar Oomerbhoy and brother of the partners, the Court recorded the stand of the parties as well as the said Anwar that the Receiver can be appointed to take possession of the flat and to appoint Anwar as the agent to be put in possession of the flat.

(3.) TAKING up the question of the valuation of flat no.2A, 2nd floor, Andromeda Co-operative Housing Society Ltd., it must be noticed at the outset that the Receiver has fixed royalty in the sum of Rs. 50,000/- payable by Anwar in respect of the said flat. Ms Iyer, learned counsel for the plaintiff, pointed out, and in my view rightly, that there is an irreconcilable defect in the Receiver's order. That defect is that the area of flat itself has been left undetermined by the Receiver. In fact, the report of one of the valuers i.e. Mr. Kishore Vikamsey (at Page 160) of the affidavit-in-support of the Chamber Summons states that the area of flat no.2A is 1750 sq.ft. The other report at page 52 of the affidavit-in-support of the Chamber Summons of one Joshi who was appointed by the Receiver shows that the area is 990 sq.ft. It appears that discrepancy was noticed by the Receiver in her report, but has been glossed over. In fact, the Receiver has observed that there is no explanation for the discrepancy. It that was a situation, one fails to see how the amount of royalty could have been fixed since obviously the amount would vary according to the area.