1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.3625 OF 2007 IN SUIT NO.2624 OF 2007 Snehlata Prabhakar Mirkar ..Plaintiff. Vs. Surekha Suresh Mirkar ..Defendant. .... Mr. Javeed Hussein for the Plaintiff. Mr. R.G. Bhat for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 22nd January, 2008. P.C. : By consent the Motion has been heard. 2. The dispute in the present case is between the mother- in-law who is the Plaintiff and the daughter-in-law, who is the Defendant. Both are widows. The dispute relates to a small shop admeasuring 180 sq. ft. in which the business of a dry cleaner is carried on at present. The Defendant resides in the premises and also carries on business therein. 2 3. The case of the Plaintiff is that the tenancy stood in the name of her husband who was the owner of the business. The Plaintiff's husband died on 10th November, 1984 leaving behind a will dated 26th May, 1981. The will has not been probated. The husband of the Defendant also expired on 28th August, 1999. According to the Plaintiff upon the death of her husband, she became the sole proprietress of the business but on the request of her son (the husband of the Defendant) the later was permitted to carry on business subject to paying an amount of Rs.500/- per month to the Plaintiff. After the Defendant's husband died in August 1999 the Defendant was according to the Plaintiff permitted to carry on the business subject to a monthly payment of Rs.500/-. There was, according to the Plaintiff, an oral settlement under which the monthly compensation was enhanced to Rs.3,000/- which, however, the Defendant has failed to pay. In these circumstances, the suit is instituted for a declaration that the Defendant is a trespasser and for a decree on possession. 4. The relief in the Motion is for the appointment of a 3 Receiver and for an injunction restraining the Defendant from creating any third party interest. 5. The Defendant has filed a reply in which it has been stated that even during the lifetime of his father, the Defendant's husband was the owner of the business which he continued to manage until his death in August 1999. According to the Defendant after her husband expired, she has carried on the business as sole proprietress. All the licences pertaining to the business are stated to be in the name of the Defendant's husband and were thereafter transferred in her name. The Defendant has admitted that she paid an amount of Rs.500/- per month to the Plaintiff for seven years, but states that she stopped doing so in order to meet the requirements of her children. 6. Having heard the learned counsel appearing for the parties, I am of the view that no case has been made out for the appointment of a Receiver. At this stage, the Court cannot prima facie discard the version of the Defendant to the effect that the 4 business was carried on by her husband even during the lifetime of his father which is why all the licences also stood in his name. Moreover, it is also an admitted position before the Court that the Defendant is entirely dependent upon the small business that is being conducted in the premises to sustain her own livelihood. The Defendant herself is a widow. Insofar as the Plaintiff is concerned, the ends of justice would be met if a direction is issued to the Defendant to pay her a monthly allowance that would enable her to meet the reasonable expenses of her day to day living. The Defendant has agreed to pay an amount of Rs.750/- per month to the Plaintiff. The Plaintiff is aged 75 years and at this stage, it would not be realistic to expect that the Plaintiff would be in a position to run the laundry. The Defendant has also stated that pending hearing and final disposal of the suit, she shall not in any manner dispose of, part with the possession of or induct any third parties into the premises. The statement is accepted. In the circumstances, the Motion is disposed of by directing that the Defendant shall pay to the Plaintiff an amount of Rs.750/- per month conditional upon which the Defendant is permitted to carry 5 on the business in the suit premises. The Motion is accordingly disposed of.