Calcutta High Court (Appellete Side)
Sri Dasu Dutta vs Smt. Usha Rani Nandi on 8 May, 2017
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
08.05.2017.
d.p.
S.A.T. 298 of 2016
(CAN 9716 of 2016)
Sri Dasu Dutta
Versus
Smt. Usha Rani Nandi
Mr. Rajarshi Halder,
Mr. Chirantan Sarkar.
...For the Appellant.
Mr. Saptansu Basu,
Mr. Jayanta Das,
Ms. Soumita Ghosh.
...For the Respondent.
It is submitted by the learned advocate appearing for the appellant that the certified copy of the decree of the appeal court has been filed in the concerned department on 10th April, 2017 vide filing no. A-8889. He undertakes to put in the deficit court fees in course of this day.
Leave is granted to the learned advocate-on-record of the appellant to rectify the other defect in the memorandum of appeal in terms of the report of the Stamp Reporter.
This appeal will be heard on the following substantial question of law.
Whether both the Courts below were justified in holding that the suit for eviction of a Bharatia by the thika tenant is maintainable before the Civil Court without 2 considering the provision contained in Section 8(3) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 read with the Rule 13(2) of the West Bengal Thika Tenancy (Acquisition and Regulation) Rules, 2004 or not?
Issue usual notices.
Let the lower court records be called for by a special messenger at the cost of the respondent to be deposited within a week from date.
The concerned department will take steps for bringing the lower court records immediately on deposit of such special messenger's cost. The concerned department is further directed to examine the lower court records immediately on its arrival and serve notice of arrival of lower court records upon the learned advocate-on-record of the respondent immediately after the records are examined and found complete.
The respondent is directed to prepare and file requisite number of informal paper books in the concerned department within eight weeks from the date of service of notice of arrival of the records on the learned advocate for the respondent.
Re: CAN 9716 of 2016 All further proceedings of Ejectment Execution Case No. 10 of 2013 pending before the learned Additional Civil Judge (Junior 3 Divison), Sealdah will remain stayed till the disposal of this application subject to fulfillment of the following conditions:-
i) The appellant will have to deposit all arrears of occupational charges upto the month of April, 2017 at the rate of last paid occupational charges in the Executing Court within two weeks from date.
ii) The appellant will have to deposit the occupational charges for the current month commencing from May, 2017 @ Rs. 3000/- per month till the disposal of the appeal in the executing court.
In default of compliance of any of the conditions as mentioned above, the interim stay as granted above, will stand automatically vacated and in that event the learned executing court will be free to proceed with the execution case in accordance with law.
It is made clear that in the event such deposit is made by the appellant, the respondent will not be permitted to withdraw the same in excess of the contractual rent without furnishing any security.
Since the respondents entered appearance through his learned advocate, service of notice of appeal upon the respondent is dispensed with.
The appeal, thus, be treated ready as regards service.
(Jyotirmay Bhattacharya, J.) 4 (Asha Arora, J.)