1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1828 OF 2008 IN WRIT PETITION NO.4527 OF 2006 Shri Harish P. Thakur. ..Applicant. V/s. Mrs.Girija Narayan. ..Respondent. Mr.V.V.Pai for applicant. Ms.Mohanti i/b. S.K.Shrivastav & Co.for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. It is not in dispute that the Respondent was inducted in the suit premises by the uncle of the Petitioner. The fact remains that the Respondent is occupying the suit premises. The Respondent was inducted in the suit premises on condition that she shall pay amount of Rs.4,000/- per month towards compensation in respect of the suit premises. It is not in dispute that the Respondent has not paid that amount since May, 1999. The argument of the Respondent that no legal heir of the original owner is forthcoming to receive the monthly compenation 2 amount as justification for not paying the same for all this period does not commend to me. Nevertheless, the Respondent was liable to pay the monthly outgoings which the Respondent ought to have deposited in Court from time to time. The Respondent shall deposit the entire arrears in this court forthwith. 3. Counsel for the Respondent on instruction of Mr. Girish Narayan, brother of the Respondent states that the entire arrears from May, 1999 shall be deposited in this Court within four months from today. That shall be deposited in four monthly equal instalments. 4. In addition, the Respondent undertakes through the Counsel to pay the future monthly outgoings in respect of the suit premises in this Court on or before 7th of every English calender month at the rate of Rs.4000/- per month. 5. The undertaking given by the Respondent on the above terms is accepted. In case of default to comply with any of the above condition the Court Receiver shall stand appointed in respect of the suit premises, who in turn shall proceed to take symbolic 3 possession of the suit premises and fix royalty amount to be paid by the Respondent in respect of the premises. 6. The Respondent through Counsel undertakes not to create third party rights or interest in the suit premises. Undertaking given by the Respondent on the above terms is accepted. 7. The first instalment regarding arrears shall be deposited in this Court on or before 7th September, 2008 including monthly outgoings due and payable for the relevant period. Remaining three instalment towards arrears shall be deposited on or before 7th of every English calender month till the entire arrears are paid. 8. The question whether the Writ Petitioner is entitled to withdraw the amount deposited by the Respondent shall be considered as and when the Petitioner takes out formal application in that behalf. Till such time the office shall invest the amount deposited by the Respondent from time to time till further orders in appropriate fixed deposit scheme to derive best interest returns. 4 9. The Application is disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)