JUDGMENT - D.R. DIIANUKA, J.:---This notice of motion is a glaring example of sad plight and distress of an erstwhile tenant and occupant who allowed his tenement to be demolished relying on the promise of defendants Nos. 1 to 4 - the Builders/Developers - to provide him with accommodation in new building on ownership basis. Several such erstwhile tenants are the victims of the wrong committed by defendants Nos. 1 to 4. On a careful scrutiny of the defence plea, have found that each of the defence plea is false and frivolous and the entire conduct of the defendants Nos. 1 to 4 is blameworthy.

2. The plaintiff has filed this suit against defendants Nos. 1 to 4 for specific performance of agreement dated 30th April, 1979, compensation in sum of Rs. 6 lacs, compensation for abnormal delay caused by defendants Nos. 1 to 4 in completing construction of the buildings and various other reliefs. The plaintiffs has impleaded defendants Nos. 5 to 7 as proper parties to the suit. The plaintiff has taken out Notice of Motion for appointment of Receiver of the property and for various other reliefs including such appropriate reliefs as deemed fit. In the affidavit in support of the Notice of Motion, the plaintiff has sought specific direction of this Court for payment of Rs. 6 lacs as compensation etc. If the Court accepts the plaintiffs' allegation after due scrutiny that the defendants Nos. 1 to 4 have caused injustice to the plaintiffs, the Court will have to mould the interim reliefs in light of equities of the case and the situation prevailing.

3. Relevant facts are as under :

(a) The plaintiff is a retired employee of Bombay Port Trust, aged over 70 years. The plaintiff was tenant of a room on the first floor of an old building known as Malti Building situate at Andheri with carpet area of about 183 sq. feet, paying monthly rent of Rs. 12.73.

(b) Sometime in the year 1978, the defendant No. 1 purchased the suit property from one Manik Ramchandra Pathare. The said immovable property consisted of plots of land bearing C.T.S. No. 450, 450/1 and 450/2 and two old building known as Malti Building and Manik Ashram situate at Cama Road, Off Shri S.V. Road, Andheri (West), Bombay. Both the said buildings were occupied by 11 tenants including the plaintiff, defendant No. 7, one Laxmibai Patil who is unfortunately no more and whose heirs are defendants Nos. 5 and 6. Nine of the said occupants had served a notice on defendants Nos. 1 to 4 through their Advocates M/s. Kantilal Parikh Co., Advocates, calling upon them to comply with their solemn obligations under their respective agreements. Names of these occupants are set out in the said notice a copy whereof is annexed as Exhibit 'E' to the plaint.

(c) The Defendants Nos. 1 to 4 jointly decided to develop the property after demolition of the existing structures. The defendant No. 2 was never the landlord of the property. The defendant No. 2 was described in the suit agreement duly signed by defendants Nos. 1 to 4 themselves as builders.

(d) On 30th April, 1979, the defendants Nos. 1 to 4 induced the plaintiffs to agree to execute a written agreement, vacate the tenament in his occupation and allow demolition thereof by the Builders/Developers. The defendants Nos. 1 to 4 induced almost all the occupants of the old building to enter into similar transactions. In the suit agreement of 30th April, 1979, Mr. Manik Pathare is described as the Vendor, the defendant No. 1 is described as the purchaser and defendant No. 2 as the builder. It was recited in the said agreement that defendants Nos. 1 and 2 had jointly decided to develop the suit property by demolishing the existing structure. It was provided by the said agreement that the plaintiff had agreed to the demolition of tenament in his occupation. Defendants Nos. 1 and 2 both as Builders-Developers had agreed to provide temporary alternate accommodation to the plaintiff for his residence and allot accommodation in the new building to be constructe

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