GIRDHARILAL G. PATHAK Vs. SATYENDRA RAMCHANDRA NAIKZADE

JUDGEMENT

(1.) HEARD the Advocates. This is suit under section 6 of the Specific Relief Act and the motion is taken out for appointment of Receiver and for injunction.

(2.) THE Plaintiff has also prayed that he be put in actual physical possession of the property as he is forcibly dispossessed. At the time of ad-interim order dt.15th March, 1993, Receiver was appointed, but the prayer of the Plaintiff to put her in possession was not granted. Receiver was directed not be dispossess occupant of the flat.

(3.) DEFENDANT No.2 is the owner of the suit flat. According to the Plaintiff he came to occupy the suit some-time in 1976. Thereafter, Defendant No.2, agreed to sell the flat to the Plaintiff orally for Rs.25,000/- and the Plaintiff paid Rs.25.000/-, but the Defendant was in actual physical possession. In 1984, Plaintiff requested Defendant to execute the necessary sale document and such agreement was executed, but the Plaintiff is not in possession of the same.