abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3502 of 2006 IN SUIT NO. 2908 OF 2006 Dr.Zenobia Pervez Dumasia .. Plaintiff V/s Dinyar D. Daruwalla .. Defendant Mr.P.K. Dhakephalkar, Senior Advocate with Ms.Geeta Shastri for the Plaintiff. Mr.G.S. Rao i/b Lex Consultus for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 8TH SEPTEMBER 2008 P.C. P.C. P.C. : 1. The Defendant has been occupying the suit premises as an agent of the Court Receiver from the years 1996-97 pursuant to various orders passed in Testamentary Petition Nos.811 of 1994 and 682 of 1994. Those petitions having been granted, the Defendant has continued as the agent of the Receiver appointed in the present suit. - 2 - 2. Considering the facts of this case, the appointment of the Court Receiver is justified. Prima facie, the Plaintiff is the owner of the property. In any event, she is appointed as the Administrator by the orders passed in the above Testamentary Petitions. Prima facie again, the Defendant’s claim as a tenant is doubtful. The tenancy was created by one Rata who was the daughter of the Plaintiff’s grand parents. The said Rata had only a life interest in the property under the wills left by the Plaintiff’s grant parents. The only question is the amount of royalty that should be paid to the Court Receiver. The Plaintiff has herself claimed a sum of Rs.4,500/-. The Court Receiver has fixed an amount of Rs.5,000/-. The Defendant’s contention is that the correct amount should not be more than Rs.3,000/-. Instead of putting the parties through the unnecessary expense of appointing another valuer, the royalty is fixed at Rs.4,000/- per month. The Plaintiff shall continue to pay the taxes including in respect of the suit premises. 3. Considering the previous orders passed in the disputes between the parties and the nature of the defence, the Plaintiff shall be at liberty to withdraw the amounts deposited subject to filing an undertaking on affidavit to bring the amounts back to Court in the event of being ordered to do so with such rate of - 3 - interest as may be ordered by the Court.