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 OR LYING VACANT.

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 on completion of repair by the defendant no. 1, making inventory of the occupants of premises, tabulate the name of the occupants, the occupation charges such occupant is paying and the person to whom the occupation charges are being paid by such occupants. This Court also restrained the parties by an order of injunction from creating any third party interest over and in respect of the suit property. The defendant no. 1 is given liberty to carry on such repair as are permitted under the rules of the Kolkata Municipal Corporation.

4. By an order dated 26th February, 2022, the interim order of injunction passed by this Court dated 14th January, 2021 was made absolute till the disposal of the suit.

5. On 2nd March, 2021, the Special Officer has filed detailed report in terms of the order dated 14th January, 2021. After receipt of the report, the plaintiff has filed the present application.

6. Mr. Mainak Das, learned Advocate representing the plaintiff submits that as per report of the Special Officer, the suit property is not properly maintained and certain unauthorized occupiers are occupying several portions of the suit property and the occupational charges are very meager and the defendant no. 1 has neither taken any steps for eviction of the unauthorized occupier or for increase of the monthly occupational charges. He submitted that from the report, it is also reveals that two of the tenants, namely, Taher Abdul Hussain Petiwala and Mulla Mustafa have illegally created sub tenancies and the details are categorically mentioned in the report of the Special Officer. He also submits that as per report, none of the occupiers are paying the taxes to the Municipal Authorities.

7. Mr. Das submitted that the tenanted portion of the Gulam Hussain comprising of 2 (two) rooms, 1 (one) kitchen and 1 (one) bathroom being the Middle Suite Front has not been let after the said Gulam Hussain vacated the said premises and at present, the defendant no. 1 has occupied the said portion. He submits that the defendant no. 1 has also occupied 2 (two) rooms, 1 (one) covered verandah and 1 (one) room on the terrace as was originally occupied by Ahmed Hussain, the father of the defendant no. 1 and a shed on the northern portion of the suit property as was originally occupied by the mother of the defendant no. 1.

8. Mr. Das submitted that one of the occupiers namely Md. Sayeedur Rahman who is in illegal occupation of the premises has expressed his desire to vacate the said portion of the property which is under his occupation and the defendant no. 1 is trying to take possession of the said portion also.

9. Mr. Das submitted that by an order dated 14th January, 2021, this Court has given liberty to the defendant no. 1 to carry on such repair works as are permitted under the Rules of K