: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3891 OF 2005 OF MOTION NO.3891 OF 2005 OF MOTION NO.3891 OF 2005 IN IN IN SUIT SUIT SUIT NO.4538 OF 1994 NO.4538 OF 1994 NO.4538 OF 1994 Ramabai Yeshwant Navalkar, Deceased, . Thru’ Yishwas Yeshwant Navalkar ...Plaintiff V/s. Prabhakar Jaywant Dadarkar & Ors. ...Defendants Mrs.Geeta Mulekar, AGP, for the Plaintiff. Ms.R.C. Nichani, Advocate, for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 11TH AUGUST, 2008. : 11TH AUGUST, 2008. : 11TH AUGUST, 2008. P.C.: P.C.: P.C.: . In this Suit for administration of estate of the deceased relative of the Plaintiff, the Plaintiff initially took out a Notice of Motion No.2903 of 1994 for appointment of Receiver. At that stage the Defendants who are managing the suit property which consists of various buildings occupied by the tenants commercial as well as residential made a statement about the names of the tenants occupying the properties. The Court then directed the Defendants to submit half yearly accounts in respect of the income derived from : 2 : the suit property. This order came to be passed in 1997 and I am told by the learned Counsel for the Defendants that the half yearly statements have been filed. 2. The present Notice of Motion is taken out after the Plaintiff has noticed atleast two changes in respect of two shop-premises. The first shop is in a building at Maharshi Karve Road. The Plaintiff stated that in place of the old shop, a new show room is opened. The Plaintiff suspected that the tenancy was transferred and there was probably receipt of certain amount to the Defendants. The Defendants in turn made a statement in reply that there is no change in the tenancy but the existing tenant has changed the user of the shop. He opened a new business. The Plaintiff did not add any new fact in rejoinder to challenge the veracity of the Defendants’ statement. 3. The second shop is situated at Bhavani Shankar Road, Dadar. The Plaintiff stated that a new person is occupying the shop. The Plaintiff also produced on record a rent receipt : 3 : issued by the Defendants to the new person. The Defendants in turn have submitted a reply that the new person is not a tenant but is inducted by the tenant only for four years period. In other words, the Defendants denied that there was any change in the tenancy but it is clear from the reply of the Defendants that they have not seriously objected to the change that the tenant has effected in respect of occupation of the shop inducting a third party. Admittedly, the Defendants have not taken any action against the new inductee nor could they produce any document which describes the terms on which the new inductee has started user of the shop in place of the original tenant. But it is rather surprising that the Defendants as landlord has quietly accepted this arrangement between the tenant and the new entrant. It is, therefore, advisable for the Plaintiff to go deeper in this transaction and take necessary action such as taking out a fresh Notice of Motion for such other reliefs that is advisable in respect of this particular property. 4. As regards the allegation of the Plaintiff in the affidavit that the Defendants : 4 : are probably permitting changes in the tenancy and are not reporting such changes to the Court etc., the Defendants submitted a reply denying such allegations. In view of this denial, it is clear that the Defendants are asserting that the position in respect of tenants which they reported to the Court through their affidavit of 1997 has remained unchanged. It is now for the Plaintiff to investigate into this matter and if it is found that new tenants are occupying the tenements in the suit property etc., it is for the Plaintiff to take appropriate steps. 5. In view of this, the purpose of the present Notice of Motion has been served and hence the same stands dismissed. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]