JUDGMENT - R.J. KOCHAR, J.:---Defendant No. 1 has called upon me to decide whether the amount of royalty/compensation should exceed the amount of rent payable by the tenant to the landlord.

2.The facts which have been briefly stated by A.P. Shah, J., in his order dated 2nd August, 1995 in Notice of Motion No. 1877 of 1991 in Suit No. 2683 of 1991 are that the plaintiff and the defendants are the children of late Chimanlal and Shantaben, who died in 1951 and 1975 respectively. Since the deceased had left property, the present suit came to be filed for administration of the estate of the deceased and for partition of joint family property. The plaintiff had taken out a Notice of Motion for appointment of Court Receiver and injunction. The learned Judge has enumerated the different properties in paragraph 3 of his order. In the present case, we are concerned only with Shop No. 6 in R.K. Building No. 3 Co-operative Housing Society, which is admittedly in occupation of the defendant No. 1 and the tenancy of the said Shop No. 6 stood in the name of the deceased Chimanlal. According to the prima facie observation of the learned Judge, there was some case in favour of the plaintiff in respe

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