JUDGMENT - R.M. LODHA, J.:---The judgement and decree dated June 22, 1987 passed by IInd Additional District Judge, Nasik in Civil Appeal No. 82 of 1985 affirming the judgment and decree passed by the Civil Judge, Junior Division, Yeola on 10-12-1984 in Suit No. 46 of 1977 decreeing plaintiff's suit for eviction is under challenge. The only contention raised by the learned Counsel for the petitioner is that the suit for eviction was filed by the Court Receiver without obtaining leave of the Court which appointed him and, therefore, the said suit being bad in law right from inception, the decree passed therein is also bad in law and unsustainable.

2.The brief facts relevant and necessary for deciding the contention raised by the learned Counsel for the petitioner are :---

The premises in question comprise of two rooms, room No. 1 and 4 situated at C.T.S. No. 3027 at Yeola, Dist. Nasik. The premises in question belonged to Narayan Bapusa Fulpagar, original respondent (since deceased and now represented by his legal representatives). The landlord let out the said premises to the present petitioner's father on monthly rent of Rs. 11/ and after his death petitioner is tenant therein. It

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