1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1765 of 2008 IN Court Receiver's Report No.164 of 2007 IN Suit No.2794 of 2004 Mrs.Pushpa J. Shetty .. .. Plaintiff v/s. Mr.Minaz Ahmed Shaikh & ors. .. Defendants None for Plaintiff. Mr.Baptist D'Souza for Deft.No.3 . Mr.S.G. David, S.O. in Court Receiver's office. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 5 th December 2008 P.C. : 1. The Plaintiff is admittedly the tenant of the suit premises which consists of one room and a kitchen at Jogeshwari (East), Mumbai. Defendant No.3 has had no Agreement with the Plaintiff. She claims to have been inducted in the suit premises by Defendant Nos.1 and 2. Court Receiver has been appointed. She had been directed to be the agent of the Court Receiver, upon payment of royalty. The Court Receiver has determined the royalty at Rs.2,000/- per month. 2 2. Defendant No.3 claims to have paid Defendant Nos.1 and 2 Rs.1.5 Lakhs and spent further amount of Rs.50,000/- for the upkeep of the suit premises. 3. Defendant No.3, who resides in the suit premises admittedly tenanted to the Plaintiff, claims that the royalty is exorbitant and she cannot afford it. 4. She claims to be a heart patient. She has not produced any medical file. She has only produced a certificate of a Doctor dated 17 th November 2008 and certain medications prescribed to her. She lives in the suit premises with her husband and 3 sons. The photographs of the suit premises show one room and a kitchen. The royalty fixed by the Court Receiver is neither improper nor exorbitant. Defendant No.3 shall sign the Agency Agreement and pay the royalty as fixed by the Court Receiver, failing which the Court Receiver shall take possession of the suit premises from Defendant No.3. 5. No case for grant of any relief is made out. The Chamber Summons is dismissed. This order is stayed till 8th January 2009. (SMT.ROSHAN DALVI, J.)