RAJAN ROY,J. - (1.) Heard.
(2.) This is a petition under Article 227 of the Constitution of India challenging the orders of the Courts below allowing the application of the plaintiff under Order 40 Rule 21 C.P.C. in a suit for partition filed by him on the ground that based on the evidence perused at the relevant stage in support of the said application in the form of sale deed, municipal records, etc. prima facie, the property is joint for the partition of which the suit has been filed. However, the petitioner herein, who is the defendant in the suit, has let out certain parts of the property and is using the rent himself without sharing it with the other co-owners and he also intends to let out other portions of the property, part of which is in demolished state and part of which is in existing building.
(3.) Considering the evidence before it, the Courts below have issued orders for appointment of a Receiver. The contention of Shri M.A. Khan is that he being in possession and having let out part of the premises, which have been constructed by him, should not be dispossessed.;