ANWAR FARAMOSH KHAN Vs. MAHENDRAKUMAR JUGALKISHORE GUPTA

JUDGEMENT

(1.) THIS motion is taken out by the plaintiff for appointment of a receiver and a direction to the receiver to put the plaintiff in possession of the suit property as an agent of the receiver in a suit filed by the plaintiff for possession under Section 6 of the Specific Relief Act. The relevant facts are briefly summarised below :

(2.) ON 27th Dec. 2001, the plaintiff filed the Suit No. 29 of 2002 under Section 6 of the Specific Relief Act alleging that he has been unlawfully dispossessed of the suit property by the defendant No. 2 on 9th Dec. 2001. The property consisting of piece of land admeasuring about 2,499 sq. yards situated in Gundavli village and Taluka salcettee Bombay Suburban District and forming part of Survey No. 88 of Chakala and Survey No. 18 of Gundavli bearing non-agricultural Survey No. 1833 entry No. 38d taluka Salcettee along with two bungalows, one front and one rear, one chawl occupied by about 10 to 12 tenants and a shed constructed thereon originally belonged to the ancestors of the defendant No. 2. The entire property is known as Gupta compound and the structures standing on the land are known as "gupta Bhavan". There are two bungalows in the property one on the front side and one behind it both of which appear to be presently dilapidated. The front bungalow (hereinafter referred to as the suit premises) is the subject-matter of dispute in the suit.

(3.) ACCORDING to the plaintiff, the defendant No. 1 let out the suit premises and put him in possession thereof on 1/02/1988 at monthly rent of Rs. 1000/- and deposit of Rs. 50,000/ -. In the year 2001, the defendant No. 1 demanded increase in the rent and issued him a notice regarding enhancement of rent on 20/06/2001 which was followed by a notice dated 31st oct. , 2001 demanding possession. Apprehending forceful eviction, the plaintiff filed a suit bearing No. 1211 of 2001 in the Small causes Court, Mumbai on 6th Nov. 2001. In the said suit, an application was taken out by the plaintiff for appointment of Court commissioner on 28th Nov. 2001. The Court passed an order on 4th Dec. 2001 appointing a Court Commissioner. The Court Commissioner visited the suit premises on 5th dec. 2001 and submitted his report, a copy of which is annexed to the plaintiff as Exhibit M. The Commissioner noted the plaintiffs possession and also noted existence of the name of boards and signboards of the plaintiffs affixed to the suit premises. The Commissioner also caused the photographs of the premises to be taken which were also filed with the report. Copies of the photograph are also annexed to the plaintiff.