Oral Judgment: (P.B. Majmudar, J.)

1. This appeal is directed against the judgment and order passed by the learned Single Judge dated 20th February, 2009 in Notice of Motion No.1922 of 2008. By the impugned order, the learned Single Judge passed an order of appointment of Court Receiver and permitted the plaintiff to act as an agent of the Court Receiver. The appellant is the original defendant of Suit No.1697 of 2008. The appellant owns the suit premises. The case of the plaintiff is that he was occupying the suit premises i.e. one room, situated at Charkop, Mumbai, on leave and licence basis from 2001 to 2004. In the year 2004, the defendant entered into an agreement for sale of the very room, which the plaintiff was occupying as a licensee. The total consideration fixed was Rs.4,00,000/- and at the time of execution of the document, a sum of Rs.50,000/-was paid in cash. It is the case of the plaintiff that on the basis of aforesaid agreement to sale, he was permitted to occupy the suit premises and was not required to pay any licence-fee thereafter. According to the plaintiff, defendant assured the former that the sale deed will be executed, the moment the flat which w