| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Administering property - Court Receiver Code of Civil Procedure 1908 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Code of Civil Procedure, 1908 - Order XL, r.1(d) - Administering property - Court Receiver - Rights/authority of - Suit filed on original side of High Court "in respect of immovable tenanted property - Respondent appointed as Court Receiver - Notice issued to appellant to pay compensation and to vacate the suit premises - Appellant challenged right and power of respondent to determine the tenancy - Respondent instituted eviction suit against appellant before the Court of Small Causes - Whether respondent did not obtain leave of the court in filing the eviction suit and without such leave, the eviction suit was liable to be dismissed - Held: Receiver is given full powers under Order XL Rule 1(d)- On facts, the Receiver acted in the matter as ought to have been done by the trustees to preserve the· estate - It cannot be said that the Receiver without leave of the court, could not have filed a suit - When authority has been given to the Receiver to preserve the estate, it empowers the Receiver, i.e., for preserving the estate, he has a right to institute suit and, accordingly, in the present case, the~ Receiver had the authority to institute a suit for preserving the estate - Plea that the suit was bad since the owners were the trustees and were not made parties to the suit, not tenable - The Court Receiver holds the properties as custodia legis and on facts, respondent-Court Receiver acted as a reasonable prudent trustee for preservation of the property in question.Transfer of Property Act, 1882 - s. 106 - Termination of A tenancy - Notice - Suit filed on original side of High Court in respect of immovable tenanted property - Respondent 1 appointed as Court Receiver - Notice issued to appellant to pay compensation and to vacate the suit premises - Validity of the notice - Effect of amendment of s.106(3) - Held: 8 Legislature plugged the loopholes and redressed the mischief by making a change in the law - On facts, eviction suit was filed against the appellant after six months from date of the notice issued u/s. 106 TPA, by respondent-Court Receiver and therefore, the notice was not invalid - Code of Civil Procedure, 1908 - Order XL, r.1(d). |
| Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
| Neutral Citation | 2014 INSC 388 |
| Petitioner | Shree Ram Urban Infrastructure Ltd. (formerly Known As Shree Ram Mills Ltd.) |
| Respondent | The Court Receiver, High Court Of Bombay |
| SCR | [2014] 7 S.C.R. 446 |
| Judgement Date | 2014-05-09 |
| Case Number | 5528 |
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