MUNNA PRASAD CHOWDHARY Vs. PREM NATH CHOWDHARY

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of defendant No. 1 in a suit for partition and permanent injunction and is directed against Order No. 18 dated Oct. 18, 2004 passed by the learned Judge, 4th Bench, City Civil Court at Calcutta in Title Suit No. 776 of 2004 thereby allowing an application for appointment of receiver filed by the plaintiff-respondent no. 1. By the said older, a learned advocate of the local Bar was appointed as receiver in respect of the business carried on from Godown which was fully described in Schedule 'D' of the plaint for taking custody of all goods being scrap iron parts lying in the said Godown and for making inventory of the stocks.

(2.) The respondent No. 1 filed the aforesaid suit claiming a decree for partition in respect of the property mentioned in the Schedules 'A' to 'D' of the plaint and also for permanent injunction restraining the present appellant, his men and agents from causing any obstruction in participating in the joint family business carried on from 'B' Schedule property.

(3.) The Schedule 'D' properly which is the subject matter of the present first miscellaneous appeal, is one Godown on the ground floor of 245, G.T. Road, Salkia as specifically mentioned in the plaint. The present appellant did not raise any dispute as regards the claim of the plaintiff in respect of Schedules 'A' to 'C' the property but as regards property mentioned in schedule 'D', his specific defence was that the said property is the self- acquired property of defendant No.1 purchased jointly with his wife and as such, the plaintiff and other heirs of his father cannot have any right over the said item. The defendant no. 1 further asserted that recently he had let out the property to one Julfikar & Brothers as licensee.