JUDGEMENT
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(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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