: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 770 OF 2006 IN SUIT NO.506 OF 2002 Abida Mahmood Ahmed Hussain and Ors. .. Plaintiffs v/s. Shahsultan A. Parpia & Ors. .. Defendants ......... Ms. N.V. Sanglikar for the plaintiffs Mr. Khan Javed Akhtar for appellant / defendant in CHS ......... CORAM : R.Y.GANOO, J. DATE : 22nd JUNE, 2010. P.C. : 1. Heard learned advocates on both sides. The defendant no.5 is appointed as Agent of the Receiver and Receiver has fixed interim Royalty at Rs.1,500/- per month and the Royalty was payable from 15th February, 2005. Thereafter, Court Receiver, High Court, Bombay conducted the exercise of fixing the final Royalty and the Receiver has fixed the final Royalty at Rs.6,500/- payable from 15th February, 2005. The Receiver called for the valuation of the property and the : 2 : valuer has calculated the Royalty amount on the basis of ownership concept. Here is the case, where the plaintiffs happened to be the tenant in respect the premises and plaintiffs had executed the conducting agreement in favour of predecessor in title of the present defendants. 2. After having considered the entire matter, I suggested both the parties that if Royalty amount @ Rs.4,500/- is fixed, it would meet the ends of justice. This suggestion was accepted by the plaintiffs as well as by defendant no.5, who is present in the Court. Accordingly, I am inclined to fix the monthly Royalty of Rs.4,100/- w.e.f. 15th February, 2010 till further orders. Learned Counsel for the defendant no.5 submitted that installment in the month of July 2010 be made payable on or before 12th July, 2010 and for arrears, he sought 10 weeks time. In my view, if time of 8 weeks is granted that would meet the ends of justice as it was within the knowledge of defendant no.5 that what was fixed by the Receiver is interim Royalty and by given date, she will require to pay the Royalty. : 3 : 3. In these circumstances, following order is passed. ORDER (i) The order fixing the Royalty @ Rs.6,500/- passed by the Court Receiver is set aside. Instead of that, Royalty is fixed at Rs. 4,100/- per month. (ii) The said Royalty is payable w.e.f. 15th February, 2005 till further orders. (iii) The installment for the month of July, 2010 @ Rs.4,100/- shall be payable in the office of the Receiver on or before 12th July, 2010. Royalty for the subsequent months shall be paid on or before 12th of respective month. Arrears for the period 15th February, 2005 upto 30th June, 2010 shall be paid in the office of the Court Receiver on or before 6th September, 2010. (iv)Defendant no.5 shall get credit for whatever amount of Royalty she has paid for the period 15th May, 2005 upto 30th June, 2010. If defendant no.5 fails to comply with the payment of arrears of Royalty, the Court Receiver shall take possession of : 4 : the property without further orders from the Court and handover the possession to the plaintiffs. If defendant no.5 makes any two defaults in the matter of payment of Royalty @ Rs.4,100/- commencing from July, 2010, Court Receiver shall take possession of the property from defendant no.5 without further orders from the Court and handover the possession to the plaintiffs. There shall be no order as to costs. (v) Plaintiffs to serve authenticated copy of this order duly authenticated by the Associate of the Court upon Receiver within 15 days from today. (R.Y.GANOO, J.)