1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1698 OF 2008 AND CHAMBER SUMMONS NO. 1840 OF 2008 IN SUIT NO. 1558 OF 2004 M/s Tyabji Estates Pvt.Ltd. & Anr. ...Plaintiffs. Vs. Abid Bahadur Choudhary. ....Defendant. ---- Mr. J.P. Sen with Mr. Jay Chabria i/b Federal & Rashmikant, for the Plaintiffs/Applicant (in CHS.1698/08) Mr. Mody i/b Mr. R.P. Lote, for Occupants/applicant in CHS.1840/08. ---- CORAM: S.J. VAZIFDAR, J. DATED : 10TH SEPTEMBER 2009 P.C. 1. Chamber Summons No.1698 of 2008 is filed by the plaintiffs, and Chamber Summons No.1840 of 2008 is filed by the occupants of the structures on the suit land. The plaintiffs seek an enhancement of the royalty fixed by the Court Receiver, whereas the occupants seek a reduction thereof. It would be convenient to dispose of both the Chamber Summons by a common order. 2. The parties are agreed that the affidavit in one Chamber Summons may be considered in the other Chamber Summons and vis-versa. 3. By an the order dated 05.04.2006, the Division Bench modified an order passed by the learned Single Judge. By the said order the Court 2 Receiver was appointed as the receiver of the suit property upon which are constructed the said structures with all powers under Order XL Rule 1 of Code of Civil Procedure. The Court Receiver was directed to appoint the occupants of the structures as his agents on usual terms and conditions. 4. Following the valuation report made by the valuer from the panel of the Court Receiver, the Court Receiver fixed the royalty at Rs.6/- per sq.ft. These structures admeasure about 100 sq.ft. to 150 sq.ft. 5. The valuer came to the conclusion that a flat with all amenities in this area would cost about Rs.3000/- per sq.ft. This would result in a return of about Rs.25/- per month. The valuer, however, assessed the reasonable amount in respect of these structures at Rs.6/- per sq.ft. This is, inter alia, on the basis that the structures are essentially temporary in nature with no amenities whatsoever. Although the structures do not have amenities within them such as toilets and kitchen, they would be reasonably valuable in this city. They have other facilities such as electricity and water connections within them. However, considering that a normal flat with all amenities would fetch Rs.25/- per sq.ft., it cannot be said that the rate of Rs.6/- per sq.ft. fixed by the Court Receiver is absurd though it appears slightly on the lower side. 6. In the circumstances, the royalty fixed by the Court Receiver is reasonable and is confirmed. 3 7. Both Chamber Summons are dismissed. 8. The applicants are at liberty to adopt appropriate proceedings for other reliefs claimed in the Chamber Summons.