Smt. Sumana Banerjee vs Smt. Sumita Mitra & Ors.

This first miscellaneous appeal is directed against an order dated 27th February, 2017 passed by the Learned Civil Judge (Senior Division), 2nd Court at Howarah in Title Suit No. 240 of 2016 at the instance of the defendant no.2/appellant. By the impugned order, a Receiver was appointed over the suit property with a direction upon the Receiver for taking charge of realisation the rent from the tenants immediately. The Receiver was directed to keep accounts of all collections and payments. The Receiver was directed to submit his report by 27th March, 2017. In fact, the plaintiff in the suit for partition was appointed as Receiver over the suit property on the application, filed by the defendant no.2. The remuneration of the Receiver was fixed at Rs.2000/- per month.

We are informed by the learned advocates appearing for the parties that there are altogether eight tenants in the suit property. The learned advocate appearing for the plaintiffs/respondents submits that the rental income from those tenants is not more than Rs.5730/- per month. We are also informed by him that out of those eight tenants, two tenants are not presently paying any rent.

Mr. Bhattacharya, learned advocate appearing for the appellant submits that the rental income from the suit premises is not less than Rs.8,000/-.

Be that as it may, considering the paltry income from the suit property and the number of co-sharers who are six in number, we are of the view that if out of such collection, a sum of Rs.2000/- is paid to the Receiver every months towards her remuneration then hardly there will be any sizeable income which can be profitably distributed amongst the co-sharers. The plaintiff no.4 is the mother of the plaintiff nos. 1 to 3 and defendant nos. 1 and 2. She is aged about 76 years. She has no other income to maintain herself and all her children have the obligation to maintain their mother.

Considering all these set of facts, we feel that some of financial protection should be given to the mother for her survivor. As such, we feel that for proper maintenance of the suit property and/or collection of rent, joint Receiver should be appointed by this Court; one from the plaintiffs'' group and another from the defendants'' group.

We, thus, appoint the plaintiff no. 1 and the defendant no. 2 as Joint Receivers who will take charge of the suit property and will realise the rent from the tenants therein.

The Joint Receivers will first of all meet up all arrear municipal rates and taxes of the suit property, out of such collection and thereafter will pay the entire collection of rent from the tenants, excluding the rates and taxes payable for the suit premises for the current assessment period, to the mother, the plaintiff/ respondent no. 4 every month. The Joint Receivers will go on paying the rates and taxes of the suit premises for the current assessment period during the pendency of the suit regularly and will keep accounts for such collection and expenditure to be incurred by the Joint Receivers for the aforesaid purpose.

In case any urgent repair is found necessary in the suit premises, the Joint Receivers may approach the learned Trial Judge seeking necessary permission and such necessary repair may be carried out as per the direction to be passed by the learned Trial Judge.

It is made clear that the Joint Receivers have also agreed to discharge their duties without any remuneration and as such, we are not giving any direction for payment of any remuneration to the Joint Receivers.

The Joint Receivers are directed to submit their accounts before the learned Trial Judge every six months.

We are also informed that the defendant no. 1 is occupying a portion of the suit property and the electricity energy supplied through a meter installed in the name of the defendant no.1, is not only consumed by the son, namely, the defendant no. 1 but also is consumed by his mother, the plaintiff/respondent no. 4 and the electricity charges for the entire consumption are paid by the son, namely, the defendant no. 1. This arrangement will continue till the disposal of the suit.

The appeal and the application are thus disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the Learned advocates for the parties immediately.