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1997 Supreme(Bom) 124

A.P.SHAH
Usha Harshadkumar Dalal – Appellant
Versus
Manibhai Jhaverbhai Patel and others – Respondent


JUDGMENT - A.P. SHAH, J. :---This chamber summons is taken out by the defendant Nos. 2, 7, 8, 11 and 13 to 26 to direct the respondent Nos. 1 to 3 to handover possession of the premises in their occupation on the 6th floor of the building known as "Shreeniketan", situate at Dr. Annie Besant Road, Worli, Mumbai, on the ground that the respondent No. 1 has created illegal sub-tenancies in favour of the respondent Nos. 2 and 3. In the alternative the said defendants are claiming for a direction to the Receiver to forcibly dispossess the respondents from the said 6th floor premises, if necessary, with the help of the police. The facts leading to this chamber summons are few and may be shortly stated :

2.The present suit is for partition and possession of the property bearing plot No. F in Shiv Sagar Estate along with the building 'Shreeniketan' standing on the said plot. By order dated 13th February, 1978 passed in Notice of Motion No. 115 of 1978, the Court Receiver, High Court, Bombay was appointed Receiver of the said property with powers to collect the rent, manage the properties, to make all legal disbursement such as Municipal taxes and other outgoings. On 24th July, 1978, b



















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