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Judgment
Thomas P. Joseph, J.—I.A. No. 2595 of 2012 is an application for the appointment of a receiver for the shop rooms referred to in the plaint B schedule. That application was disposed of by me as per order dated 19.11.2012 directing the respondents in that application to deposit in the trial court the 2/9 share of rent they collect from the tenants of the shop rooms as stated in the application. Certain other directions were also made in the said order. Respondents 1 to 6 in I.A. No. 2595 of 2012 have filed R.P. No. 1223 of 2012 for review of the said order. Their contention is that they are in possession of only three rooms and hence they are not obliged to deposit rent of the remaining rooms. There is also dispute regarding the rate of rent being received from the three rooms.
Respondents 8 to 11 in I.A. No. 2595 of 2012 have filed I.A. No. 3205 of 2012 to allot their share in the rent being collected from the shop rooms.
I have heard the learned counsel on both sides on the review petition as well as the applications.
In view of the contentions raised by respondents 1 to 6 in I.A. No. 2595 of 2012, I am inclined to think that there are justifiable reasons for reviewing the order dated 19.11.2012 on I.A. No. 2595 of 2012. Hence the said order is reviewed.
As aforesaid, the prayer in I.A. No. 2595 of 2012 is to appoint a receiver for the seven shop rooms in the plaint B schedule. The stand of respondents 1 to 6 is that they are in possession of only three shop rooms. They are also disputing the rent being collected from the said shop rooms. Since they are in possession of only three rooms, there could be no objection for them to appoint a receiver for the remaining shop rooms. Having regard to the contentions raised by the parties including the dispute regarding the rate of rent being collected from the shop rooms I am satisfied that it is just and convenient to appoint a receiver for the seven shop rooms referred to in the plaint B schedule. Having heard the learned counsel on both sides I consider it appropriate to appoint the petitioners and respondents 8 to 11 in I.A. No. 2595 of 2012 as joint party receivers with respect to the said shop rooms. Since in the order dated 19.11.2012 which has now been reviewed as per the order on R.P. No. 1223 of 2012, direction to respondents 1 to 6 was to deposit the 2/9 share in the rent being collected from the shop rooms in the plaint B schedule, I consider it appropriate that a direction could be issued to deposit in the trial court the entire rent being collected from the seven shop rooms in the plaint B schedule for which party receivers are appointed. In that view of the matter, it is not necessary to apportion the rent as prayed for in I.A. No. 3205 of 2012. The question as to who is entitled to the amount in deposit and as to the share will be decided in the light of the ultimate decision in R.S.A. No. 574 of 2011.
Resultantly the review petition and the applications are disposed of as under:
i. R.P. No. 1223 of 2012 is allowed. The order dated 19.11.2012 on I.A. No. 2595 of 2012 in R.S.A. No. 574 of 2011 is reviewed.
ii. I.A. Nos. 2595 of 2012 and 3205 of 2012 are allowed as under:
(a) The petitioners and respondents 8 to 11 in I.A. No. 2595 of 2012 are appointed as joint party receivers for the seven shop rooms in the plaint B schedule bearing door Nos. 26/1826 to 26/1832.
(b) The joint party receivers shall assume charge of the said shop rooms on and from 01.02.2013.
(c) The rent payable till then shall be collected by respondents 1 to 6 and the 2/9 share shall be deposited in the trial court as directed in the order dated 19.11.2012 on I.A. No. 2595 of 2012.
(d) Petitioners and respondents 8 to 11 in I.A. No. 2595 of 2012 shall deposit in the trial court Rs. 34,300/- per month by way of rent of the shop rooms. The deposit of Rs. 34,300/- shall be from 01.03.2013 onwards. Such deposit shall be made on or before 5th of each month, beginning from 01.03.2013.
(e) The question as to who is entitled for the said amount and if so, in what proportion shall be subject to the decision in R.S.A. No. 574 of 2011.
(f) The tenants of the shop rooms shall be in possession of the said shop rooms under the joint party receivers.
(g) The joint party receivers will have the right and authority to manage the shop rooms.
(h) The repairs and maintenance if any to be effected for the shop rooms shall be with the permission of the trial court.
(i) The expenses for the repairs and maintenance as permitted by the trial court can be adjusted from the amount in deposit.
(j) In case any modification of the amount to be deposited is to be made in future, it is open to the parties concerned to request the trial court for such modification.
(k) The amount being deposited in the trial court shall be transmitted to a nationalized bank or the Treasury as the case may be, so that the amount will generate interest.