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KRISHNA RAO
Md. Humayun Kabir – Appellant
Versus
Sk. Arif Ali – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the present application praying for injunction and for appointment of Receiver. The plaintiff has filed the suit against the defendants for declaration of the shares of the parties in the suit properties, partition, preliminary decree and other allied prayers.
2. The plaintiff is claiming the shares in the suit property in terms of the Deed of Conveyance dated 21st April, 2003. Initially the plaintiff has filed an application in the suit being GA No. 1 of 2021 praying for appointment of Special Officer to inspect the suit property, to ascertain the nature and extent of construction/ reconstruction/ addition/ alteration made in the suit property and also to ascertain the particulars of tenants at the suit property and the monthly rent and other expenses paid by the tenants.
3. By an order dated 14th January, 2021, this Court appointed Mr. Suman Sarkar Chatterjee, Advocate as Receiver in respect of the suit property for taking symbolic possession of the immovable property, making inventory of the immovable property, taking photographs of the repair that the defendant no. 1 is undertaking, taking photographs of the immovable property o
THE RECEIVER CAN BE DIRECTED TO MANAGE AND CONTROL ALL THE AFFAIRS RELATING TO THE SUIT PROPERTY BY COLLECTING RENT AND TO GET THE RENT INCREASE AND TO INDUCT TENANT, IF ANY OF THE OCCUPIER VACATED O....
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....
The main legal point established in the judgment is the entitlement of a party to seek the appointment of a Court Receiver when the opposing party fails to comply with previous orders to deposit rent....
Appointment of Receiver – Court would not appoint Receiver until and unless there are certain compelling reasons.
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....
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