JAYANTI BURMAN Vs. ISWAR SATYA NARAYANJEE

JUDGEMENT

(1.) This appeal has been filed by the defendant/appellant being aggrieved and dissatisfied with the order dated 29th April, 2003 passed by the learned Civil Judge, Senior Division, Second Court, Howrah in Title Suit No. 152 of 2000 wherein the learned Court allowed the petition under Order 40, Rule 1 by appointing a receiver for the suit properties.

(2.) The background of the suit may be stated in brief: The plaintiff/respondent filed the suit for recovery of possession and mesne profit as against the defendant/appellant in respect of quite a large number of suit properties being municipal holding numbers 52, 52A and 52/1- 52/35 and 52/36, J. N. Mukherjee Road, Salkia, Howrah. It is further stated in the plaint that the relationship in between the parties is that of the owner of the suit properties and the lessee from time to time of different deeds with a clause for renewal of the lease.

(3.) The eventual renewal of the lease was within 30th September, 1995 which was put in writing. According to the plaintiff/respondent the defendant/appellant failed and neglected to get the lease renewed, but continued to hold the properties leading to the filing of the suit. The reliefs claimed in the plaint consist amongst others are recovery of khas possession of the entire 'A' schedule premises measuring about 12 bighas having the aforesaid municipal holding numbers, a decree for mesne profits on and from 1st January, 1998 at the rate of Rs. 4,50,000/- per month till recovery of khas possession, receiver, injunction, attachment and costs etc.