Calcutta High Court (Appellete Side)
Smt. Minu Rani Saha & Ors vs Smt. Manju Roy on 19 September, 2018
1
10 19.9.18
Sc
CAN 6533 OF 2018
(Application for stay)
in
SAT 358 OF 2018
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Smt. Minu Rani Saha & Ors.
-vs.-
Smt. Manju Roy Mr. Hiranmoy Bhattacharya Mr. Tarak Nath Halder.
.....For the Appellants.
Mr. Souradipta Banerjee ....For the Caveator.
.
After considering the materials on record and the judgment of the learned court below, we direct that this appeal shall be heard on, inter alia, the following substantial questions of law :-
a) Whether after holding that the suit relates to a thika property and the grounds for eviction were not merely for default in payment of rent, it was open to the learned court below to adjudicate the grounds of eviction as civil court under section 6 of the West Bengal Premises Tenancy Act, 1997 ?
b) Whether the saving and repeal clause being section 27 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 on a true and proper interpretation can include any proceeding for eviction of an admitted thika tenant on the ground of reasonable requirement where the cause of action is alleged to have arisen on November 1, 2004 ?2
c) Whether the judgments of the courts below are perverse to the extent that they were erroneous on substantial questions of law ?
Re : CAN 6533 OF 2018 (Application for stay)
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So far as CAN 6533 of 2018 is concerned, it seeks stay of further proceedings of Ejectment Execution Case No.13 of 2016 pending before the learned Civil Judge (Junior Division), Additional Court at Sealdah.
In view of the fact that the appellants as thika tenants have been in possession of the said premises alleged to be a thika tenancy during the pendency of the entire litigation, the balance of convenience and inconvenience, we feel, is in favour of their continuance without being evicted during the pendency of this appeal.
Accordingly, there shall be stay of all further proceedings of the Ejectment Execution Case No.13 of 2016 for a period of six months from date or until further orders, whichever is earlier. Liberty is granted to the appellants to seek extension of the interim order after expiry of the period on the self-same application.
The caveator represented by her learned advocate Mr. Banerjee, waives service of notice of appeal. Copy of the application has been served on him. All formalities are dispensed with.
Hearing of the appeal is expedited. Lower court records shall be called for by the office by special messenger, costs wherefor shall be put in by the 3 respondent by September 26, 2018. As soon as the lower court records arrive, office shall examine the same and if found complete, it shall serve notice of arrival of the lower court records upon the learned advocate of the respondent being the caveator. Informal paper books - printed, typewritten or cyclostyled, should be prepared on receipt of notice of arrival of the lower court records. Within two weeks from receipt of such notice, adequate number of informal paper books shall be prepared and filed in the department and service will be made by the respondent on the appellant of such paper books at least one week before the appeal is mentioned on notice by him for inclusion before the appropriate Bench. There shall be at least four additional paper books for use by the department and the Court.
Since the appellants have suffered a decree, and were paying occupation charges at the rate of Rs.800/- per month under the order of the first appellate court since 2015, we consider it fit and proper to direct the appellants to pay a sum of Rs.1000/- (Rupees one thousand) per month to be payable by the 5th of each succeeding month to the respondent. Payment of occupation charges shall commence from September 1, 2018 and the first of such occupation charges shall be paid by October 5, 2018 and, thereafter by the 5th of each succeeding month.
The parties shall be at liberty to mention the appeal for consideration before the appropriate Bench.
4(Protik Prakash Banerjee, J.) (Dipankar Datta, J.)