MD. HUMAYUN KABIR Vs. SK. ARIF ALI

JUDGEMENT

(1.) The plaintiff has filed the present application praying for injunction and for appointment of Receiver. The plaintiff has filed the suit against the defendants for declaration of the shares of the parties in the suit properties, partition, preliminary decree and other allied prayers.

(2.) The plaintiff is claiming the shares in the suit property in terms of the Deed of Conveyance dtd. 21/4/2003. Initially the plaintiff has filed an application in the suit being GA No. 1 of 2021 praying for appointment of Special Officer to inspect the suit property, to ascertain the nature and extent of construction/ reconstruction/ addition/ alteration made in the suit property and also to ascertain the particulars of tenants at the suit property and the monthly rent and other expenses paid by the tenants.

(3.) By an order dtd. 14/1/2021, this Court appointed Mr. Suman Sarkar Chatterjee, Advocate as Receiver in respect of the suit property for taking symbolic possession of the immovable property, making inventory of the immovable property, taking photographs of the repair that the defendant no. 1 is undertaking, taking photographs of the immovable property on completion of repair by the defendant no. 1, making inventory of the occupants of premises, tabulate the name of the occupants, the occupation charges such occupant is paying and the person to whom the occupation charges are being paid by such occupants. This Court also restrained the parties by an order of injunction from creating any third party interest over and in respect of the suit property. The defendant no. 1 is given liberty to carry on such repair as are permitted under the rules of the Kolkata Municipal Corporation.