BENEDICT PEREIRA Vs. KISHORE KUMAR KOTIAN

JUDGEMENT

(1.) HEARD the advocate for the Plaintiff and the Defendant. This is a suit for recovery of possession of the garage premises which according to the Plaintiff were given by the Plaintiff to the Defendant for conducting the business. The motion is taken out by the Plaintiff for appointment of Court-Receiver and for arrears of the compensation and for further direction to the Defendant to pay the monthly compensation of Rs.1800/- regularly.

(2.) THE motion is opposed by the Defendant on the ground that Defendant has taken out a motion under Section 10 of the C.P.C. for staying the aforesaid suit and further on the ground that Defendant has also filed application for fixation of fair rent.

(3.) LOOKING to the abovesaid facts a person in possession of property under the original conducting agreement cannot be permitted to use the property without paying compensation to the owner. Hence, prayers (b), (c) and (d) are required to be granted though none has prayed by the Plaintiff. No case is made out for appointment of Receiver. O R D E R