SAYEEDA SHAKUR KHAN Vs. SAJID PHANIBAND

JUDGEMENT

(1.) Notice of Motion No.885 of 2005 has been taken out by the Plaintiffs for a direction to Defendant No.1 to furnish a list of the present and the past tenants in the suit property and to render true and correct accounts of his dealings in respect of the property from 1st April 2002. A prayer for appointment a Receiver has also been made and an injunction is claimed against Defendant No.1 from disposing off or parting with or alienating, encroaching or creating third party rights in respect of the suit property and from transferring the tenancies in the suit property.

(2.) Notice of Motion No.2283 of 2005 has been taken out by the Plaintiffs for appointing Court Receiver in respect of the suit property. In the alternative, it is prayed that Defendant No.1 be directed to deposit the excess/surplus rent collected by him in respect of the suit property after deducting the taxes payable to the Mumbai Municipal Corporation with effect from 1st April 2002.

(3.) By way of ad-interim relief, this Court while hearing Notice of Motion No.885 of 2005, has passed the following operative order :-