1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.3072 of 2008 AND L.C. Suit No.1377 of 2004 Sadanand Raju Shetty .. .. Plaintiff v/s. 1. Kishinchand V. Khemani & ors. .. Defendants Mr.P.R. Kadam for Plaintiff. Mr.Anil Singh with Mr.B.M.Shaikh for Deft.5. Mr.M.M.Vaidya for Deft.No.6 . ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th October, 2008 P.C. : 1. This Notice of Motion is taken out for appointment of Receiver in a Suit for possession. The Plaintiff claims to be the Receiver's agent and to be put in possession as such. In an earlier Notice of Motion, Defendant No.5, who claims to be in possession, was directed to pay certain compensation and mesne profit. That amount is being paid. 2. The Plaintiff claims title through Defendant No.6 who is the landlord of the premises. The Plaintiff claims to be a tenant through that landlord. Defendant No.7 claims to be a tenant through the earlier tenant one Mr.M. Irani whose nephew Defendant No.5 is. Claim of Defendant No.5 has been 2 considered in the Court of Small Causes under Section 5(11) (c) of the Bombay Rent Act. That claim has been dismissed. An Appeal therefrom is dismissed. A Civil Revision Application therefrom is rejected. The Plaintiff has to prove his title. Hence instead of appointing Court Receiver the determination of issues in the Suit itself need be done. Written Statement is filed. The following issues are framed:- ISSUES (a) Whether the Plaintiff proves his title in respect of the suit premises. (b) Whether the Plaintiff is entitled to possession. -(c) What reliefs, if any, is the Plaintiff entitled to ? 3. The Plaintiff shall file an Affidavit of examination- in-chief as well as produce the original documents on 10 th November 2008. The Suit is adjourned to 10 th November 2008. 4. The Notice of Motion is disposed of accordingly. [SMT.ROSHAN DALVI, J.]