FIROZE N DAROGA Vs. MAHRUKH BHARUCHA

JUDGEMENT

(1.) HEARD counsel for the parties at length. With the help of the counsel I was taken through the relevant documents and the affidavits filed in the proceedings and the order passed by the High Court earlier and the order passed by the City Civil Court.

(2.) THE plaintiff has filed suit for declaration that the defendants are trespassers and they have no right, title or interest in the room occupied by the defendants or they are not entitled to retain possession of the said room and also such mandatory injunction against the defendants to remove themselves, their servants, agents or any other person claiming any right or title on the said room alongwith all belongings from the said room and hand over vacant possession of the said room in favour of the plaintiff and further sought for injunction restraining the defendants or any other person from entering upon the Bungalow known as Farzeen Bungalow or any portion thereof including the said room and also by way of ancillary relief the plaintiff has prayed for decree directing the defendants to pay to the plaintiff a sum of Rs.10,000/- per month by way of compensation from 3-3-1997 till the date on which they remove themselves from the said room and deliver vacant possession of the said room back to the plaintiff and also prayed for appointment of the Court Receiver in respect of the suit property.

(3.) IN the said suit, the present Notice of Motion No.1862 of 1997 is taken out by the plaintiff praying for relief including the relief for appointment of the Court Receiver in respect of the room in occupation of the defendants and also prayed that the defendants be directed to deposit a sum of Rs.10,000/- per month by way of mesne profits till the date the defendants remove themselves from the said room and deliver vacant possession of the said room back to the plaintiff and the said amount of Rs.10,000/- and the plaintiff may be permitted to withdraw the said amount.