HAJI A M HIDAYATHULLAH Vs. HASBULLAH IDROOZE

JUDGEMENT

(1.) THIS intra-court appeal challenges an order of the learned single Judge of this Court appointing an Advocate Receiver for collection of rent from the tenants occupying the suit property.

(2.) THE Court heard the learned counsel for the appellant and looked into the materials available including the order under challenge.

(3.) IT was a suit for partition. The defendant has all along been in possession and collecting the rents. Originally, the plaintiff filed an application for appointment of party receiver. The learned single Judge was not inclined to appoint a party receiver but permitted the defendant to make collection of rental and issued certain directions. Not satisfied with the same, the plaintiffs took it on appeal. Even in the said appeal, the order of the learned single Judge, allowing the first defendant to continue the collection of rents was not disturbed but there was a direction to deposit the rental arrears with certain other directions also. Admittedly, these directions were not complied with by the first defendant. Under such circumstances, the instant application has arisen.