Deepak Ansal vs Ansal Properties And Industries ... on 29 November, 2006
Regarding appointment of a receiver a Single Judge of the Bombay High Court in Syed Khuwaja Syed Ahmed (supra) had Page 3861 held that it must be determined not only on the facts of a particular case but also in the context of a social situation. In this case the plaintiff was one of the occupants of an old building which had crumbled down and he had been given an alternative accommodation though the building had been reconstructed by the authority. The plaintiff in this case was an occupant of the old building and his grievance was that he had not been given alternative accommodation. Since a flat was lying vacant and an application was filed by the plaintiff in that case to appoint him as a receiver and hand over the possession of the flat, it was held that the condition of justness and convenience has to be appreciated not only with reference to the facts of each case but also in the context of social situation. Since the flat was lying idle and the plaintiff was suffering and did not have even a small nook to rest his limbs it was held to be eminently just and convenient to appoint a receiver and to appoint plaintiff as his agent and consequently the plaintiff was allowed to get into the occupation of the flat temporarily. The plaintiff was, however, directed to give an undertaking to hand over the possession to the receiver, if his claim is not made good. Regarding waste the Court had held that considering the acute housing scarcitykeeping a flat idle is not only a waste but a criminal waste and the Court should not turn a blind eye to such criminal waste.