LILLADHAR KISHANCHAND GARG Vs. RAM LAKHAN MAGROO YADAV

JUDGEMENT

(1.) SHORTLY stated the relevant facts for disposing of these matters by this common order are thus : -Appellant-Liladhar filed original Suit No. 2606 of 1985 against the Respondents on the footing that he was owner of the suit premises and defendant was his servant and since the defendant was trying to interfere in his business injunct him by an order of injunction and for appointment of Court Receiver, it appears that the Court Receiver was appointed and Plaintiff was appointed as agent to the Court Receiver. However, Plaintiff failed to deposit an amount of Rs. 1,650 (one thousand six hundred and fifty)as per order of the Court and therefore, the Judge, City Civil Court, bombay cancelled appointment of the Court Receiver itself and put the defendant in possession. In those circumstances, the plaintiff withdrew his suit on 22nd September, 1985, with liberty to file a fresh suit.

(2.) THIS was followed by a fresh suit No. 6950 of 1986. Plaintiff again took out a fresh Notice of Motion but, the same came to be dismissed and defendant was continued as agent of the Court Receiver on giving an undertaking not to part with possession or create third party interest and continue to deposit Rs. 75 per month. It is this order, dated 19th October 1987 that is challenged in Appeal No. 888 of 1987 from the order dismissing Plaintiff's notice of Motion. At the time when the appeal was admitted, the Court receiver was appointed and Respondent was appointed as agent of the Court receiver on usual terms and conditions.

(3.) THE Court Receiver made a report to the Court to fix royalty at the rate of Rs. 2,000 per month, with effect from November 1987. This order was challenged before the City Civil Court, Bombay but, the learned Judge by his order dated 20th February, 1988, dismissed the Respondent's Notice of Motion. Against the said order, Respondent has filed Writ Petition No. 1256 of 1988 in which, he has challenged the order of the Bombay City Civil Court, accepting the Court Receiver's report fixing royalty of the premises at Rs. 2000 per month.