SUMANA BANERJEE Vs. SUMITA MITRA & ORS

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order dated 27th February, 2017 passed by the Learned Civil Judge (Senior Division), 2nd Court at Howarah in Title Suit No. 240 of 2016 at the instance of the defendant no.2/appellant. By the impugned order, a Receiver was appointed over the suit property with a direction upon the Receiver for taking charge of realisation the rent from the tenants immediately. The Receiver was directed to keep accounts of all collections and payments. The Receiver was directed to submit his report by 27th March, 2017. In fact, the plaintiff in the suit for partition was appointed as Receiver over the suit property on the application, filed by the defendant no.2. The remuneration of the Receiver was fixed at Rs.2000/- per month.

(2.) We are informed by the learned advocates appearing for the parties that there are altogether eight tenants in the suit property. The learned advocate appearing for the plaintiffs/respondents submits that the rental income from those tenants is not more than Rs.5730/- per month. We are also informed by him that out of those eight tenants, two tenants are not presently paying any rent.

(3.) Mr. Bhattacharya, learned advocate appearing for the appellant submits that the rental income from the suit premises is not less than Rs.8,000/-.