Calcutta High Court (Appellete Side)
Anand Kumar Roongta vs Balai Chandra Das on 27 January, 2025
27.1.2025
25
Ct. no. 237
sb
CO 3879 of 2024
Anand Kumar Roongta
Vs.
Balai Chandra Das
Mr. Rupak Ghosh
Mr. Nikunj Berlia
Ms. Tanvi Kuhamwala
Ms. Urvashi Jain ...for the Petitioner
Mr. Tarak Nath Halder
...for the Opposite party
This application has been preferred by the
petitioner against order no. 8 dated 22nd August,
2024 passed by the learned Additional District Judge,
1st Court, Sealdah in Ejectment Appeal no. 20 of
2024, by which the learned Appellate court below has
stayed the execution proceeding on condition that the
appellant would go on paying occupational charges @
Rs. 30,000/- per month and had also given liberty to
pay the arrear of occupational charges by five equal
monthly installment.
Petitioner contended that the amount of
occupational charges has been calculated by the
court below without any basis and the petitioner is an
aged widow lady and the suit building which was
constructed about 60 years back is in a dilapidated
2
condition and in respect of which the corporation has
already passed demolition order. Moreover, in the
said suit building, there is no lift or parking facility.
Learned counsel for the opposite party raised
objection and contended that the defence of the
defendant/petitioner was struck off under Section
7(3) of the Act of 1997 for non-compliance of Section
7(1) & 7(2) of the Act of 1997 and as such, the court
below had passed eviction decree against the
petitioner and the said decree has been put in
execution.
It is further submitted that by an order dated
4.1.2025, the Trial court has already issued writ of delivery of possession with a direction to deliver khas and vacant possession of the property after breaking open padlock on or about 1st February, 2025.
Petitioner is directed to hand over a copy of the application to the learned counsel for the opposite party in the course of the day.
Let the matter appear in the Monthly list of March, 2025 under the heading "Contested Application".
Having considered the petitioner's prayer for stay of the execution of writ of delivery of possession and having heard the learned counsels for both the parties, the execution of writ of delivery of possession 3 shall be stayed on condition of payment of Rs. 18,000/- per month as occupational charges within 10th of each succeeding month and also on condition to pay the arrear amount of occupational charges in the same rate from the month of May 2024 till December, 2024 within a period of 30 days from the date of communication of the order. This payment of occupational charges will be made without prejudice to the rights and contentions of the parties.
In default of payment of current and/or arrear occupational charges within the period fixed as above, the interim order of stay shall stand vacated automatically.
(Dr. Ajoy Kumar Mukherjee, J.)