RUSI JEHANGIR KERMANI Vs. KATY RUSI KERMANI

JUDGEMENT

(1.) PLAINTIFF has taken out this motion for appointment of Receiver and injunction in respect of flat No.4-B, 'Cassius', I.C.Colony, Borivli (W), Bombay - 400 103.

(2.) PLAINTIFF has filed suit for perpetual injunction. Injunction prayed for is that defendant be restrained by order of injunction from preventing plaintiff and his sons from entering into suit flat and from occupying suit flat. On 1.1.1991, plaintiff, who was then divorcee married to defendant No.1, then widow according to the Special Marriage Act, 1952. During the pendency of this motion defendant No.1 died. Necessary amendments were made to the plaint on 29.8.1996. Plaintiff has claimed that share-certificate of the suit flat stands in his sole name. Agreement for purchase of the suit flat originally stood in the joint name of plaintiff and deceased defendant No.1. Plaintiff has claimed that without his knowledge and consent, name of defendant No.2, plaintiff's step-son came to be entered to the suit flat. Plaintiff has alleged that deceased defendant No.1 and defendant No.2 have forcibly entered into the suit flat. The same happened in April, 1992.

(3.) EVEN -though, plaint was amended in the month of August 1996 after the death of defendant No.1, defendant No.2 now sole defendant has not filed affidavit in reply. Thus, prima-facie, plaintiff has share in the suit flat. At this stage, Receiver need not be appointed as plaintiff's interest can be protected by grant of restrainment order. As plaintiff is out of possession from April 1993, no order can be passed permitting plaintiff or his sons to enter into suit flat. In my judgment, if injunction restraining defendant from alienating, transferring etc. is granted in favour of plaintiff, it will protect plaintiff's interest.