USHA HARSHADKUMAR DALAL Vs. MANIBHAI JHAVERBHAI PATEL

JUDGEMENT

(1.) THIS chamber summons is taken out by the defendant Nos. 2, 7, 8, 11 and 13 to 26 to direct the respondent Nos. 1 to 3 to handover possession of the premises in their occupation on the 6th floor of the building known as "shreeniketan", situate at Dr. Annie Besant Road, Worli, Mumbai, on the ground that the respondent No. 1 has created illegal sub-tenancies in favour of the respondent Nos. 2 and 3. In the alternative the said defendants are claiming for a direction to the Receiver to forcibly dispossess the respondents from the said 6th floor premises, if necessary, with the help of the police. The facts leading to this chamber summons are few and may be shortly stated :

(2.) THE present suit is for partition and possession of the property bearing plot No. F in Shiv Sagar Estate along with the building Shreeniketan standing on the said plot. By order dated 13th February, 1978 passed in Notice of Motion No. 115 of 1978, the Court Receiver, High Court, Bombay was appointed Receiver of the said property with powers to collect the rent, manage the properties, to make all legal disbursement such as Municipal taxes and other outgoings. On 24th July, 1978, by consent of all parties in the suit, the aforesaid order was confirmed and the notice of motion was disposed of. Pursuant to the order passed by this Court, the Court Receiver, High Court, Bombay, has taken formal possession of the property and is collecting rent and other income from the said property and has been making disbursement such as Municipal taxes, water charges, electricity charges and other outgoings. It is a common ground that prior to the appointment of the Court Receiver, the respondent No. 1 Dolphin Fisheries Private Limited was in occupation of the premises on the 6th floor as a tenant.

(3.) NOW the present chamber summons has been filed by the plaintiff alleging inter alia that the respondent No. 1 has illegally sub-let the 6th floor premises by inducting Dolphin Fisheries and Trading Private Limited, who are conducting a business centre in the premises and the respondent No. 3 Megha Visa Engineering and Petrochemicals Limited is allowed to occupy the premises without any leave or order of this Court. In a further affidavit filed on 19th February, 1997, it is alleged by the plaintiff that the 3rd respondent Megha Visa Engineering and Petrochemicals Limited has been illegally inducted after the appointment of the Court Receiver and this is tantamount to interfering with the possession of this Court and the course of justice. The plaintiff has therefore prayed that the respondent Nos. 1 and 2 as well as the respondent No. 3 should be evicted from the premises.