1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO 3836 OF 2007 IN SUIT NO.2402 OF 2007 Kantarani Jamanlal Gulati and anr ..Plaintiffs -versus Kalyani alias Nandini Ajit Rane .. Defendant Mr. Khatri i/b A. L. N. Khatri & Co. for the Plaintiffs. None for the defendants. CORAM: S. J. VAZIFDAR, J DATED: 16th November,, 2009. P.C. 1. The suit is filed for possession of the suit premises which is a room admeasuring about 160 sq feet. 2. There is no affidavit in reply. The Defendant remained absent throughout. The Plaintiff is the landlord of the building in which the suit premises are situated. The Defendant is admittedly in occupation of room No.19 which adjoins the suit premises namely room No.20. There is a dispute in respect thereof which is not the subject matter of this suit. One Bhagwandas Mistry was a tenant in respect of the suit premises. Upon his death, his widow continued in occupation of the room. She, however, after some time left the suit premises to reside at her native place in Gujarat. She 2 expired on 10th November, 2003. The Plaintiffs were unaware of the same till they received a letter dated 5th May, 2004 from the Defendant requesting them to transfer the rent receipt to her name. The request was based upon the alleged will of the widow of the original tenant namely Smt. Maniben B Mistry, purportedly bequeathing the room to the defendant. A bequest of tenancy is not permissible. Prima facie the Defendant has no right to occupy the said premises. 3. In the circumstances the Notice of Motion is made absolute in terms of prayers (a) and (b). 4. The Court Receiver shall appoint the Defendant as his agent without security but subject to payment of royalty. 5. Till the Receiver takes possession, the ad interim order dated 25th October, 2007 shall continue. 6. All the parties including Court Receiver to act on the copy of this order authenticated by the Associate/Personal Secretary of this Court.