ABOOBEKAR ABDULREHMAN AND CO Vs. SHREEJI PROPERTIES

JUDGEMENT

(1.) ON 28th October, 1987, this Court directed the Court Receiver to hand over the property back to the defendants. The Court Receiver wants to comply with that order but he finds that there are some occupants in certain portions of the property who have come in after the Court Receiver took charge of the property. The Court Receiver therefore by this Report prays for an order

(2.) THE facts necessary to be mentioned are these : The plaintiffs in the suit were mortgagees of the suit property. The defendants were mortgagors. This suit was filed in 1934 for enforcing the mortgage. On 9th July, 1935 a preliminary mortgage decree was passed. At that time the Court Receiver, High Court, Bombay, was appointed as Receiver of the suit property (mortgaged property ). Accordingly the Court Receiver took possession of the suit property on 20th October, 1936. Thereafter on 1st July, 1937 a decree absolute for sale of the suit property was passed and at the same time the Court Receiver was ordered to be continued in possession of the suit property till the completion of the sale of the suit property by the Commissioner, High Court, Bombay. There was a chequered history of the case thereafter, but, for the purpose of the matter before me, it would be sufficient to state that the property was not sold and the parties to the suit arrived at some settlement pursuant to which an order dated 28th October, 1987 was passed. It appears that the right of redemption of the mortgagors (defendants) has been assigned to the applicants M/s. Shreeji Properties by registered Deed of Conveyance dated 26th December, 1985. The substance of the order dated 28th October, 1987 reads as follows:

(3.) VARIOUS occupants have filed affidavits and opposed the Court Receivers Report. It is not disputed that they have all come on the property after the Court Receiver took possession. They however claim that they were granted leases or tenancies of their respective portions by the Court Receiver and therefore they are now protected tenants under C. P. and Berar Letting of Houses and Rent Control Order, 1949.