Case Note & Summary
The applicant, Shekhar Narayan Shetty, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 5 May 2015 passed by the Court Receiver, High Court, Bombay, in Suit No. 224 of 1961. The applicant was a tenant in a room in a building at Bellasis Road, Mumbai. The receiver, appointed in the suit, issued an order directing the applicant to vacate the premises. The applicant contended that the receiver had no authority to evict him without obtaining prior permission from the court. The respondents, including the receiver and heirs of the original parties, opposed the revision. The High Court examined the powers of a court-appointed receiver under Order XL Rule 1 of the CPC. It held that a receiver is an officer of the court and cannot take any major step affecting the rights of parties without the court's permission. The impugned order of eviction was passed without such permission and was therefore without jurisdiction. The court allowed the revision application, set aside the receiver's order, and directed the receiver to seek appropriate directions from the court before taking any further action. The rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure Code - Receiver's Powers - Eviction of Tenant - Order XL Rule 1 CPC - The court-appointed receiver is an officer of the court and cannot take any major step affecting the rights of parties without prior permission of the court. The receiver's order directing eviction of the applicant-tenant without seeking court's permission was held to be without jurisdiction and set aside. (Paras 1-12) B) Rent Control - Tenant's Protection - Receiver's Action - The applicant was a tenant in the suit property and the receiver's unilateral action of eviction without court's sanction was contrary to law. The court held that the receiver must act in accordance with the directions of the court and cannot assume powers not granted. (Paras 1-12)
Issue of Consideration
Whether a court-appointed receiver can evict a tenant without obtaining prior permission from the court, and whether the impugned order directing eviction without such permission is sustainable.
Final Decision
The Civil Revision Application is allowed. The impugned order dated 5 May 2015 passed by the Court Receiver is set aside. The receiver is directed to seek appropriate directions from the court before taking any further action. Rule made absolute. No order as to costs.
Law Points
- Receiver's power to evict tenant requires court permission
- Order XL Rule 1 CPC
- Section 115 CPC
- Receiver as officer of court
- Tenant's right to protection under Rent Act
