1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3374 OF 2009 IN FIRST APPEAL NO. 1344 OF 2009 Mr. Dattu Yeshwant Patil ... Applicant (Orig. Plaintiff) Vs. M/s. Surana Constructions & Ors. Respondents Mr. P.G.Karande, Advocate, for the applicant. Mr. S.S.Ghogare, Advocate, fr respndent Nos. 4 & 5. CORAM: J.H.BHATIA,J. DATE 21st November,2009. P.C. 1. Heard the learned Counsel for the parties. 2. Admittedly, the plaintiff/appellant s name was recorded with MHADA as a tenant of Room No.39, Chawl No.7, Bohri Chawl, N.M.Joshi Marg, Mumbai. According to him, he allowed his friends to use the address of the said tenanted premises for postal correspondence and the same was used by respondent Nos. 4 and 5. After demolition of that building, a 2 new building has been constructed and Room No.301 in the new building was allotted in lieu of the old Room No.39. Defendant Nos. 4 and 5 are in possession of the same. According to them, the room belongs to Shimpe Gramasth Mandal and the defendant Nos. 4 and 5 are in occupation of the same jointly with the said Shimpe Mandal. In support of this, they relied upon certain documents and statements allegedly made by the plaintiff sometime back in 1989. However, whether the documents are really executed by the plaintiff- appellant is a question in dispute. Admittedly, the defendants Nos. 4 and 5 were never recorded as tenants nor there is any document to show that they are allowed to occupy the same by Shimpe Gramasth Mandal. The defendants Nos. 4 and 5 in cross- examination admitted that Shimpe Gramasth Mandal is not a registered body. 3. Taking into consideration the circumstances and to protect the interest of both the parties, 3 the Court Receiver is appointed in respect of suit Room No.301 on the 3rd floor in the new building constructed in lieu of Bohri chawl at N.M. Joshi Marg, Mumbai. The Court Receiver shall appoint the defendant Nos. 4 and 5 jointly as agents and fix the royalty. The respondent Nos. 4 and 5 shall be liable to pay the royalty amount to the Court Receiver from 1.11.2009 onwards, pending the appeal. Application disposed of accordingly. (J.H.BHATIA,J.)