:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.960 OF 2006 CHAMBER SUMMONS NO.960 OF 2006 CHAMBER SUMMONS NO.960 OF 2006 IN IN IN SUIT NO.1905 OF 1984 SUIT NO.1905 OF 1984 SUIT NO.1905 OF 1984 Minoo Dinshaw Bhathena ..Plaintiff. vs. Homai Dhanjishaw Daruwalla & Ors. ..Respondents. And Mrs.Gool C. Elavia ..Applicant. And Ms.Wanna Bhesania ..Respondent. None for the Plaintiff. Mr.Rahul Rao i/b.Mr.I.V.Rao for the Applicant. Ms.Daulat Jahangir for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JANUARY, 2008 DATED : 16TH JANUARY, 2008 DATED : 16TH JANUARY, 2008 P.C. : P.C. : P.C. : I will presume that the Respondent has no authority to be in possession of the premises. However, by virtue of an order dated 27.11.2002, the Respondent is still entitled to be in possession if she is willing to act as an agent of the Court Receiver. 2. In view of the Respondent’s acceptance of this order and in view of the fact that this order has not been challenged/modified or set aside, the :2: Respondent would be entitled to continue in occupation as an agent of the Court Receiver on the usual terms and conditions including as to the payment of royalty. 3. It was contended on behalf of the Applicant that the Respondent seeks to set up a right in the premises. This submission was on the basis that the Respondent has obtained possession of a rent receipt albeit in the name of the deceased tenant Smt.Bhanoobai Amroliwalla. I am informed that this rent receipt was issued as the Respondent had paid the rent to the rent collector appointed by the Court Receiver. 4. It is clarified that this would not create any right in favour of the Respondent inter-alia in view of the fact that the property has been castodia-legis since 29.1.1985. I 4. It is further clarified that the parties are at liberty to adopt appropriate proceedings in respect of the said premises and for that purpose, leave to file the said proceedings against the Court Receiver is hereby granted. :3: 5. The Court Receiver is directed to fix the royalty and the other terms and conditions for the occupation of the Respondent pursuant to the order dated 27.11.2002, within four weeks from today. 6. The learned counsel appearing on behalf of the Respondent states that the Respondent alone is in possession of the said premises. The Respondent shall not induct any person even gratuitously in the said premises, without the leave of the Court.