Appointment of court receiver
Querist :
Anonymous
(Querist) 08 October 2020
This query is : Resolved
Whether appointment of court receiver is justified when third party has taken possession of suit property (via sale deed in violation if injunction order) but this is tenancy property and transaction is done without permission of housing authority violating legal provision of prior permission and tenancy right is not transferred in the name of third party (new defendant) and still stands in the name of original defendant.
There is injunction order to not to transfer tenancy right in the name of third party to housing authority.
Can the third party removed from property and court receiver be appointed to seal the property to prevent further alienation as he came in the possession illegaly in violation of injunction and tenancy right does not stand in his name.
Any case law will be highly appreciated.
Thank you.
Rajendra K Goyal
(Expert) 11 October 2020
If the court orders were not followed, file contempt.