D.Sadai Jothi v. T.Seeniappan

O.A.No.383 of 2018 in C.S.No.689 of 2017 R.SUBRAMANIAN,J.

This application has been filed seeking appointment of Receiver for collecting the rental income pending a suit for partition.

2. It is a trite position of law that the appointment of Receiver cannot be resorted to for mere asking. A perusal of the affidavit filed in support of the application shows that the only complaint of the applicants is that the defendants are collecting rents from the suit properties. No allegations have been made regarding any acts of waste committed by the respondents.

3. Hence, it is not a fit case to appoint a Receiver. However, there will be a direction to the defendants to file accounts from the date of suit till date by 30.09.2019. Thereafter, the 1st respondent/1st defendant is required to file accounts, once in three months till the disposal of the suit.

4. With the above direction, this original application is closed. 16.08.2019 vum http://www.judis.nic.in

R.SUBRAMANIAN,J.

vum O.A.No.383 of 2018 in C.S.No.689 of 2017 16.08.2019 http://www.judis.nic.in