PUSHPA T KADAMBANDE Vs. NAINA DEEPAK KAMANI

JUDGEMENT

(1.) Admit. By consent of the learned Counsel made returnable forthwith. Counsel appearing for the Respondents waive service. With the consent of the learned Counsel and at their request, the appeal is taken up for hearing and final disposal.

(2.) An order passed by a Learned Single Judge on a report submitted by the Court Receiver has been called into question in these proceedings. The subject matter of the dispute is a residential flat - Flat 31 - situated on the ground floor of a building called Ram Nivas situated at Pochkhanwala Road, Worli, Mumbai. The suit out of which the proceedings arise has been instituted by the First Respondent in order to seek a declaration that a person by the name of Lakhan Channa Kanojia - the Seventh Defendant to the suit and the Eighth Respondent to these proceedings is a trespasser; for an order directing him to hand over possession of the flat to the Second Respondent and for certain other reliefs. The Appellant was not impleaded as a party to the suit. The building in which the flat is situated is owned by a company by the name of Janson Engineering and Trading Private Limited; the Second Respondent to the Appeal. The flat was occupied by a tenant by the name of Kadambande. Kadambande died. The Appellant was the wife of the original tenant. According to the Appellant, Kanojia was a personal servant of her deceased husband and stayed in the flat along with them. She asserts that the couple treated Kanojia like a son.

(3.) An application was moved in the suit for the appointment of a Receiver. By an order dated 7th February, 2000 a Learned Single Judge of this Court directed that the Court Receiver shall stand appointed as Receiver of the flat and that after taking physical possession of the flat, he shall appoint an agent. Before the Learned Single Judge the Appellant filed an affidavit to the following effect: