VASANTLAL LALLUBHAI PATEL Vs. SHANKARLAL BECHARDAS PATEL

JUDGEMENT

(1.) This is a notice of motion in a suit for a declaration that the property in suit is owned by the plaintiffs and the defendants as tenants in common and that this property be divided by metes and bounds on partition. In this suit the plaintiffs have taken out this motion for appointment of Court Receiver in respect of the suit property which is described in Ex. A to the plaint.

(2.) Since there is no controversy that the property comprised in Ex. A is jointly owned both the parties, I need not deal with, in detail, the contentions of the parties at this stage. The defendants, particularly defendant No. 5, submits that he has been exclusively managing the property and the plaintiffs allege that he has been mis-managing the same.

(3.) The controversy, in particular, relates to one of the properties namely godowns Nos. 4 and 5. It appears that these godowns were vacant since 1980. However, a suit had been filed in this Court being Suit No. 1795 of 1984 by one Soonawalla as against defendant No. 5 and others, but not including the plaintiffs in respect of these godowns. Court Receiver has been appointed in that suit in respect of the said godowns. However the record shows that on December 16, 1986 that suit resulted in consent terms and Court Receiver was discharged. The plaintiffs stated that they were aware of this till about February 1987.