JUDGMENT : 1. Heard. 2. This is a petition under Article 227 of the Constitution of India challenging the orders of the Courts below allowing the application of the plaintiff under Order 40 Rule 21 C.P.C. in a suit for partition filed by him on the ground that based on the evidence perused at the relevant stage in support of the said application in the form of sale deed, municipal records, etc. prima facie, the property is joint for the partition of which the suit has been filed. However, the petitioner herein, who is the defendant in the suit, has let out certain parts of the property and is using the rent himself without sharing it with the other co-owners and he also intends to let out other portions of the property, part of which is in demolished state and part of which is in existing building. 3. Considering the evidence before it, the Courts below have issued orders for appointment of a Receiver. The contention of Shri M.A. Khan is that he being in possession and having let out part of the premises, which have been constructed by him, should not be dispossessed. 4. Having perused the orders of the Courts below, this Court is of the view that the orders have been passed to protect the property and interest of the parties. Prima facie, an opinion has been formed by the Courts below about the property being joint in the absence of any tangible evidence at that stage to the contrary and based thereon an order has been passed. No prejudice would be caused to the petitioner herein at this stage as the rent which is deposited with the Receiver would be disbursed to the concerned on adjudication of the matter. There is no reason to interfere with the orders of the Courts below. 5. In the facts and circumstances of the case, this petition is dismissed without prejudice to the rights of the parties in the pending suit and with the observation that any observation made in the impugned orders regarding the shares of the parties are, obviously a tentative observation, subject to final decision taken. It is expected that the suit proceedings shall be expedited and shall be concluded within a reasonable period of one and a half year.