- (1.) This is an application is at the behest of the plaintiff. The suit is for partition. The plaintiff seeks appointment of a Special Officer to make inventory of the properties and the tenants and/or occupiers thereat. The plaintiff also seeks an order of injunction.
(2.) Learned Advocate appearing for the plaintiff submits that, an order of injunction was passed on October 12, 2018. By a subsequent order dated July 11, 2019, a Special Officer was appointed. The Special Officer submitted a report. He submits that, the Special Officer should be directed to make a fresh inventory of the tenants and/or occupiers of the property involved in this suit for partition. The Special Officer should also be directed to collect all income of such property. The defendant no.8 is represented. The defendant no.12 is represented. Learned Advocate appearing for the defendant no.12 submits that, the particulars of the tenants appearing in the petition are disputed. He submits that, a preliminary decree be passed in terms of the shares that the defendant no.12 claims that the parties have in respect of the property. He also submits that, as the major shareholder, the defendant no.12 looked after property all this time and met all the outgoings of the property. The defendant no.12 should be compensated for such outgoing. Moreover, the property should also be looked after. The Special Officer should be issued appropriate directions with regard thereto. So far as prayer for the Special Officer to collect the rent is concerned, he submits that, the defendant No. 12 should be allowed to collect his share of the rent and that the defendant no.12 will keep accounts for the same.
(3.) The shares of the parties to the suit for partition, as suggested by the defendant no.12 are disputed by the plaintiff and the defendant no.8. Consequently, the shares of the partition to this suit cannot be declared at this stage.;