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N. J. JAMADAR
Trustees of the Port of Bombay Being a statutory Corporation – Appellant
Versus
Sayed Abdul Hamid Mohammed Shah Kadri (since deceased) – Respondent
JUDGMENT :
1. By this Report, the Court Receiver, inter alia, seeks the following directions :
2. The litigation has a chequered history spanning over half a century. It reflects the vicissitudes of the litigation brought about by a variety of factors; inertia and inaction on the part of the parties not in less measure. Thus, I deem it in the fitness of things to summarize the nature and outcome of the proceedings leading to the situation which obtains today where a third party is found to be occupying a substantial portion of the suit property.
3. Mumbai Port Trust (MPT) – the Plaintiff, is the owner of plot of land bearing City Survey No.39 / 1187 admeasuring 1012 sq. yards (the suit plot). The Plaintiff had leased the said plot to M/s. Hoare Miller and Company Ltd. for a period of
The main legal point established in the judgment is that the suit building remained custodia legis and the possession of the Court Receiver was prima facie violated. The Court provided an opportunity....
The court ruled that a trial court may appoint a receiver in a suit for injunction to prevent potential chaos, especially when possession claims are contested, without requiring a specific applicatio....
A mortgagee, under Section 76 of the Transfer of Property Act, is entitled to seek recovery of possession from a gratuitous licensee, even without prior possession, and the extent of inquiry into the....
The main legal point established in the judgment is the need to balance the legal principles regarding the appointment of a receiver, permissive possession, and the circumstances under which possessi....
The main legal point established in the judgment is that the City Civil Court had no authority in law to entertain an application in a disposed of suit against which an appeal had already been pendin....
The main legal point established in the judgment is the court's authority to appoint a Receiver for a property dispute, based on the failure of the Defendant to substantiate his claim and the wastage....
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
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