Law: Specific Relief Act (I of 1877)

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: O. XL, R.1

2025 M L D 544

Specific Relief Act (I of 1877)---

----Ss.42 & 54---Civil Procedure Code (V of 1908), O. XL, R.1---Suit for declaration, administration, rendition of accounts, mesne profit and permanent injunction---Plaintiff being legal heir and sister of private defendants sought administration of a residential property etc. for the reason that one of the defendants (brother of the plaintiff) had converted the residential property into a commercial guest house/motel without any authorization of plaintiff or concerned departmental authorities, thus, it was prayed that the subject property should be given in the sole care and custody of the Nazir/official receiver till the final adjudication of the suit---High Court observed that residential property formed a constituent of the estate, which admittedly was used illegally for a commercial purpose, which was not permissible under the lease thereof---Legal heirs/parties were in unison that such illegal utilization was without sanction and to their collective manifest detriment and it was imperative for the lis to be preserved pending adjudication of the respective claims, thus, the property was taken into safe custody of the court by way of appointing Nazir of the Court as official receiver---High Court adjourned the suit with a further direction to Defense Officers' Housing Authority not to alienate the said property until further orders of the court and also to ensure presence of a conversant officer in the court on the next date of hearing with a written explanation as to why the said residential property was permitted to be used for commercial purpose.