ORDER

1. Though this special leave petition is preferred against an interlocutory order, we are inclined to entertain it having regard to the peculiar facts and circumstances of the case.

2. The plaintiff filed a suit under Section 6 of the Specific Relief Act alleging that he was in joint possession along with the defendant of the suit premises and that during his absence from the country he was dispossessed from the said joint possession on 8-5-1996. He prayed for restoration of the joint possession. In the said suit he took out a Notice of Motion asking for several reliefs including the following relief :

"Pending the hearing and final disposal of the suit, the Court Receiver, High Court, Bombay be appointed Receiver of the said premises with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908 including a direction to put the plaintiffs in possession of the said premises on such terms and conditions as this Honble Court deems fit and proper."

3. The learned Single Judge, however, rejected the said Notice of Motion observing inter alia, that appointment of receiver would result in dispossession of the defendant who is, even according to the plaintiffs case, in