JAHAN ARA BEGUM & ORS. Vs. TAMIZUL HAQUE & ORS.
LAWS(CAL)-2016-6-67
HIGH COURT OF CALCUTTA
Decided on June 20,2016

Jahan Ara Begum And Ors. Appellant
VERSUS
Tamizul Haque And Ors. Respondents

JUDGEMENT

- (1.) Some of the occupants of the premises have affirmed affidavits in terms of an earlier order and filed the same in court today. Mr. Bose submits that copies of the said affidavits have not been served upon his client and he is not in a position to apprise the court as to the exact state of affairs. The learned advocates representing the occupants who filed the affidavits in court today are directed to serve copies of the said affidavits upon the advocate on record of the plaintiffs on usual undertakings. Simultaneously, the copies thereof shall also be served on the Receiver appointed by this Court. It goes without saying that service shall be effected in course of this week. Some of the occupants seek extension of time to file affidavits. Let such affidavits be filed within two weeks from date.
(2.) It appears that the affidavits filed today disclose the rent receipts issued by the original owner. The learned advocates representing them are directed to bring the original of such receipts before this court on the returnable date.
(3.) It is informed by the Receiver that one of the occupants on the third floor of the said premises, namely Ghuran Shaw has made a hole on the roof of the portion in his occupation to have an access at the roof. On being asked whether any permission had been sought for the same from any concerned, he could not produce any such document nor could he produce the rent receipts and further disclosed to the Receiver that the said room stands under the tenancy of one Rathindra Nath Dasgupta. According to the Receiver, the said construction has just started. The Receiver is permitted to lodge a complaint in this regard with the local police station and shall also inform the Kolkata Municipal Corporation to take an appropriate action. The said person, namely Ghuran Shaw is hereby restrained from making any kind of changes in the portion in his occupation nor shall he continue to make any construction until further order. The Receiver is permitted to visit the portion in the occupation of Ghuran Shaw to see whether any further change has been brought since his last visit and shall file his report before this Court. The remuneration of the Receiver for such purpose is fixed at 400 GMs. to be paid by the plaintiffs.;


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