Devakrishnan (Consultant) 26 September 2010

Receiver appointed when there is a valid lease agreement?

hi friends

Help me on this issue

I have a case where receiver has been appointed by the court on the disputed property,

but the party has leased the disputed propertty for five years before the date of appointment of the receiver and

received advance .

Advice need on this issue.

Reply Follow

1 Replies

N.K.Assumi (Advocate) 26 September 2010

Before appointing a Receiver, the Cort must see that: it is the duty of the Plaintiff to show that there is a prima facie claims and he must show some emergency or danger or loss demanding immediate action and of his own right he musst be reasonably clear and free from doubt. More over order of appointing Receiver should not deprive a defendant of a de facto possession causing irreparable wrong and conduct of the Plaintiff must be free from blame.