rng IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.743 of 2008 SUMMONS NO.743 of 2008 SUMMONS NO.743 of 2008 IN IN IN SUIT SUIT SUIT NO. 4832 OF 1996 NO. 4832 OF 1996 NO. 4832 OF 1996 Ibrahim Gulamhusein Tawawala.. Plaintiff Vs. Mohammed Salehbhai Gulamhusein & ors ... Defendants Mr.Rajesh Kachare a/w Mr.Amit Potnis i.b Tamhane & Co for Plaintiff Mr.A.N.Nasikwala for Respondent nos.3 and 4 Ms Mrudula Bhatia i.b Zaidy & Co for Defendant nos.1,2, 5 and 7. CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J DATE DATE DATE : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 P.C. P.C. P.C. 1. I have heard the learned counsel appearing for the defendant nos. 1 to 5 and 7 in support of the Chamber Summons. I have also heard learned counsel for the plaintiff and the learned counsel appearing for the 3rd and 4th respondents. 2. My attention has been invited to an order dated 4th March 1998 passed by the Division Bench of this Court in Appeal No.88 of 1998. In the said Appeal preferred by the plaintiff, Court Receiver, High Court, Bombay was appointed as receiver of the property bearing No.99-A, Tawawala Building, Abdul Rehman Street, Mumbai-3. In the affidavit in support of the Chamber Summons, it is stated that the 2nd respondent herein was a monthly tenant of room no.12 on 2nd floor of the suit building (Tawawala Building) and the said 2nd respondent vacated the said room no.12 on or about 16th April 2008. A specific allegation made in paragraph no. 8 of theaffidavit in support of the 7th defendant is that the 2nd respondent delivered possession of the said room to the 3rd and 4th respondents without obtaining leave of this Court. Therefore, prayer made in this Chamber Summons is for issuing a direction to the Court Receiver to take actual physical possession of the said room no.12 from the 3rd and 4th respondents or from any third party occupying the said room. My attention was invited by learned counsel appearing for the concerned defendants to the report submitted by the Rent Collector appointed by the Court Receiver on 4th April, 2008. In the said report, it is stated that the tenant of room no.12 on the 2nd floor of the suit building has vacated the premises and a third party is staying in the said room without the consent of the Court Receiver. 3. The learned counsel appearing for the 3rd and 4th respondents invited my attention to an affidavit of the 3rd respondent dated 30th June, 2008. He submitted that the allegations made against the 3rd and 4th respondents are false. He submitted that the 3rd and 4th respondents are not connected in any manner with the said room no.12. He pointed out the assertion in the said affidavit that the 2nd respondent has not delivered possession of room no.12 either to the 3rd respondent or to the 4th respondent. Learned counsel categorically stated that the 3rd and 4th respondents were never in possession of room no.12 and they are not concerned with room no.12. 4. I have perused the affidavits and other relevant documents on record. In report dated 4th April, 2008 the Rent Collector has stated that the 2nd respondent who was the tenant of room no.12 has vacated room no.12 and a third party is staying in the said room. In the 2nd paragraph of the said report he has stated that on 21st and 28th March 2008 when his representative visited the said room it was found locked. The room was also found locked on 3rd April, 2008. In the said report, it is not stated that the 2nd respondent has inducted anyone in the said room. In any event, a statement on oath has been made by the 3rd respondent for himself and on behalf of the 4th respondent that the said respondents are not in posssession of room no.12 and the said respondents are not at all concerned with room no.12. 5. In the circumstances, the Court Receiver will have to be directed to take physical possession of the room no.12 on the 2nd floor of the suit building. For that purpose, the Court Receiver will have to visit the suit building. If the Court Receiver finds that the 2nd respondent (Original tenant) continues to be in possession he will not dispossess the 2nd respondent. If the Court Receiver finds that any third party is in possession thereof, the Court Receiver will disposses the third party, if necessary by taking police help. Hence, Chamber Summons is disposed of by passing the following order : O R D E R R D E R R D E R 1. Court Receiver, High Court, Bombay is directed to visit the suit building. If the Court Receiver finds that room no. 12 on the 2nd floor of the suit building is still in possession of the 2nd respondent (Original tenant), the Court Receiver will not dispossess the original tenant. If the Court Receiver finds that any third party is in possession or occupation of room no.12, the Court Receiver will dispossess the said third party, if necessary with police help and will take possession of room no.12. If the Court Receiver finds that room no. 12 is locked, he will take possession of the said room no.12 by breaking open the lock. The Court Receiver will execute the aforesaid directions within a period of four weeks from the date on which an authenticated copy of this order is produced before him. After complying with this order, the Court Receiver will submit a report before this Court. The Court Receiver to act on an authenticated copy of this order. { A.S.Oka, J } A.S.Oka, J } A.S.Oka, J }