1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.227 OF 2009 IN SUIT NO.2573 OF 1994 Ranjitsingh Pratapsingh Gaekwad ... Plaintiff. V/s Dr. (Mrs) Mrunalinidevi Puar & Ors. .... Defendants. Mr. Ashwin Thakkar i/b Thakkar & Co. for the plaintiff. Ms. Mehernaaz Wadia i/b M/s Hariani & Co. for defendant No. 2. Mrs. U.S. Srivastava, 2 nd Assistant to the Court Receiver, present. CORAM: V.M. KANADE, J. DATE : 29TH JULY, 2009 P.C:- 1. Court Receiver has filed this report, seeking the following directions:- “(a) As there is controversy as regards tenancy of the flats what steps the Court Receiver should take in the above matter. 2 (b) Any other direction this Hon’ble Court may deem fit and proper in the above matter. (c) The Cost of incidental of this application and orders to be made thereon is fixed at Rs 1000/- may be come out of the funds in the hands of the Court Receiver thereon.” 2. This Court by an order dated 14 th October, 1997 was pleased to appoint the Court Receiver in respect of the suit property. Court Receiver was directed to call upon defendant No.2 to make one flat out of Flats Nos.1 and 2 on the ground floor and Flat No.5 on the second floor, available for the plaintiff for his use and occupation. That direction has been complied with by defendant No.2 and one flat has been made available for use and occupation by the plaintiff. So far as other flats are concerned, Court Receiver was directed to take possession and he was further directed to permit all parties to occupy the respective flats without security and royalty and a further direction was given to the Court Receiver to collect rent and look after the property. Accordingly, with the assistance of 3 an architect, inspection was taken by the Court Receiver and he has stated that there is some dispute in respect of Flat Nos.1, 2 and 5. Court Receiver, therefore, is seeking direction as to what should be done in respect of the controversy as regards tenancy of the flats. 3. In my view, Court Receiver is not competent to decide the issue in controversy. Court Receiver shall, therefore, collect rent from whoever is in occupation of the said flats and put it in separate account. It is clarified that collection of rent will not confer any special rights on the respective parties or recognize tenancy claimed by the parties. 4. Court Receiver’s report is accordingly disposed of. (V.M.KANADE,J.)