Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 1054/18 in Suit 7181/2003
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1054 OF 2018
IN
S.C. SUIT NO. 7181 OF 2003
(H.C. SUIT NO. 3262 OF 2003
CNR NO. : MHCC010074852018
Ms. Sushma P. Kunekar .... Plaintiff
Versus
Mr. Kashinath J. Patil & Ors. ….Defendants
And
Smt. Pramila Vishwas Patil
(Legal heir of original tenant) … Applicant
V/s.
The Court Receiver,
High Court, Bombay … Proposed defendant
Appearance:
Shri. Kaustubh Patil, Advocate for the Applicant in Ch/s.
Shri. Dilip Keni, Advocate for the Defendants.
Shri. N.G. Samant, Advocate for Plaintiff.
CORAM : SMT. S.S. NAGUR,
JUDGE, (C.R.NO.04)
DATE : 03.12.2021
ORAL ORDER
(Dictated in open Court)
The Chamber Summons is filed by the applicant
Smt. Pramila Vishwas Patil to allow to bring legal heir of original tenant
and deceased Vishwas B. Patil on record of the Court Receiver as well as
on the record of Rent Framing Contractor and direct the Rent Framing
Contractor to take rent from applicant pending since 2009 till date, of
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2 Order in Ch/s 1054/18 in Suit 7181/2003
the premise Room No. 17, Patil Chawl, 6/B, Shriyash Colony, Aarey
Road, Goregaon (East), Mumbai400063. The Chamber Summons is
supported by Affidavit of Smt. Pramila Vishwas Patil. She stated that the
Court Receiver is appointed on 01.03.2006 of all the suit properties.
The original tenant of Room No. 17 is Vishwas Patil. He expired on
14.12.2008. Herself and three married daughters and one son are the
legal heirs of the deceased. The Court Receiver took possession of the
said suit premise and started to collect rent from the tenants or
occupants of the suit premise.
2. Applicant further stated that the deceased paid rent to the
Court Receiver from November 2007 to December 2008 on 09.03.2009
as per the record of the Court Receiver. The Court Receiver has sent
notice at the address of Room No. 17, Patil Chawl to the applicant on
10.01.2011 to pay the arrears of the rent from January 2009 to
December 2010. The said room premises was found locked. The notice
was dropped at the same place. The applicant has written letter dated
23.07.2013 to the Court Receiver informing the death of her husband
and to accept the rent from her and issue rent receipt. The Court
Receiver submitted his report on 22.10.2012 that,
“As regards Room No. 17, the original tenant's name is
Vishwas Patil. The remark placed by the Rent Framing
Contractor states that the Room is subletted by the
original tenant and the report is submitted on the record
by him on 21st March, 2011”.
3. The applicant stated that she was not aware about these
things. All the affairs of the house was taken care by the tenant i.e. her
husband. In between, on 14.12.2008 the original tenant i.e. the
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3 Order in Ch/s 1054/18 in Suit 7181/2003
husband of the applicant expired. Therefore, the rent is due and
pending. Hence, prayed to allow the Chamber Summons.
4. The plaintiff filed reply through Affidavit of Sushma
Kunekar. The plaintiff denied the contents of the Chamber Summons.
The applicant has no right to intervene in the present suit, as she is
claiming her right of tenancy of room no. 17. The rent contractor visited
the said premises and prepared report dated 21.03.2011 that one Mr.
D.K.Berde was in possession of the said room. The said room was not in
possession of the legal heirs of deceased. The suit is filed for
administration of estate of her deceased parents and for her 1/4th share
in the suit property. The eviction notice is already issued on 10.01.2011
by the Court Receiver. The applicant is not in possession of the said
premises. The Court has no jurisdiction to decide the issue, as the suit is
for partition between the plaintiff and the original defendants. Hence,
prayed to reject the Chamber Summons.
5. The defendant no. 1 filed reply through Affidavit of
Kashinath J. Patil and stated that he has no objection. The application
filed by the applicant to the Court Receiver to be joined as legal heir of
deceased Vishwas B. Patil in the records of Court Receiver and to accept
rent from January 2009 till date.
6. Heard Advocate Kaustubh Patil for the applicant, Advocate
N.G.Samant for the plaintiff and Advocate Dilip Keni for the defendants.
Perused the contents of the Chamber Summons and reply supported by
the Affidavit.
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4 Order in Ch/s 1054/18 in Suit 7181/2003
7. The applicant has filed the Chamber Summons and seeking
relief to add her as a party and to direct the Court Receiver to collect
rent from her of Room no. 17. The applicant admitted that when the
notice was issued by the Court Receiver for payment of the rent due,
she was not present. As per her contention, it was locked. The applicant
has relied on the rent receipts issued to her deceased husband of Room
No. 17. The notice dated 10.01.2011 is issued to Vishwas Patil and it is
noted that premises found locked, notice dropped on 12.01.2011. The
Court Receiver in the report dated 23.07.2013 has stated that
“However, the Plaintiff and Defendants, who are present
state that the said occupant was granted the rights of
tenancy in respect of Room No.16 only. However, there
was some small portion which was open to sky was
existing near the premises. The same has been covered by
her and she is asking the rights in respect thereof by
showing the said covered portion as Room No. 17.
Parties to the suit have objected for the existence of Room
No. 17.
I had called upon Kallappa Rama Khorate to produce
before me the relevant documents showing/suggesting the
existence of Room No.17. [Note : the occupant states that
when the Court Receiver was appointed, the same position
is continuing as of today and, therefore, states that she is
in possession of Room Nos.16 & 17 respectively. However,
documents are required to be seen”.
8. The above report of Court Receiver shows that though the
said room was tenanted to Vishwas Patil, but there is subtenancy
created. The plaintiff in the reply stated that as per the report of Rent
Contractor dated 21.03.2011, one Mr. D.K.Berde was in possession of
Room No. 17.
9. Vishwas Patil expired on 14.12.2008. The rent receipts are
of the year 2003 i.e. 09.03.2003, 07.04.2003, 10.06.2003, 10.08.2003
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and thereafter of 09.03.2009. The suit is filed for administration and
partition of the share of the plaintiff and the defendant. The claim of
the applicant requires to be adjudicated before appropriate forum,
considering the above facts on record. This Court has no jurisdiction to
adjudicate her tenancy right in the said premises. The Chamber
Summons is not tenable. Hence, pass following order :
ORDER
1. The Chamber Summons is rejected.
2. No order as to costs.
3. Accordingly, Chamber Summons is disposed of.
(SMT.S.S.Nagur)
Date : 03/12/2021 Judge
City Civil Court,
Greater Mumbai.
Pronounced on : 03.12.2021
Dictated on : 03.12.2021
Transcribed on : 07.12.2021
Checked & Signed on : 08.12.2021
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6 Order in Ch/s 1054/18 in Suit 7181/2003
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/12/2021 3.00 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.4)
Date of Pronouncement of
Judgment/Order.
03/12/2021
Judgment/order signed by P.O on 08/12/2021
Judgment/order uploaded on 09/12/2021
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