Calcutta High Court (Appellete Side)
196/2011 on 3 April, 2012
Author: Tarun Kumar Gupta
Bench: Tarun Kumar Gupta
1
03.04.2012.
S.A.T. 196 of 2011
Mr. Aniruddha Chatterjee,
Mr. Kushal Chatterjee,
Mr. Tapan Kumar Mahapatra
... For the appellant/
petitioner.
Mr. Souradipta Banerjee,
Mr. Naba Kumar Das,
Mr. Chaitali Chakraborty
... For the respondents/
opposite parties.
_________ Re: C.A.N. 5743 of 2011 & C.A.N. 2081 of 2012.
The application being C.A.N. 5743 of 2011 is taken up as on day's list.
It is in substance an application for stay of judgment and decree of eviction dated 21st April, 2011, passed by learned Chief Judge, City Civil Court at Calcutta in Title Appeal No. 13 of 2010. During hearing it also came out that by this time respondents-landlords put the decree into execution being Ejectment Execution Case No. 134 of 2011, pending in the court of learned Judge, 6th Bench, Small Causes Court, Calcutta. On filing of this application, there was an interim stay which was extended from time to time.
Today respondents/landlords filed an affidavit-in-opposition against this application for stay alleging, inter alia, that if stay has to be granted then the appellant/tenant against whom there was an ejectment decree, should pay occupational charges being equivalent to the market rate of the area and that presently it is around Rs. 10,000/- (Rupees Ten Thousand) per month.
Learned advocate for the appellant/tenant on the other hand has submitted that the amount stated in the affidavit-in-opposition was too excessive and that Court should pass any reasonable amount as the occupational charges.
2In view of submission of both sides and considering the materials in the record, I am inclined to stay the impugned judgment dated 21st April, 2011 passed by learned Chief Judge, City Civil Court in Title Appeal No. 13 of 2010 and consequently the Ejectment Execution Case No. 134 of 2011 pending in the Court of learned Judge, 6th Bench, Small Causes Court, Calcutta with the following conditions:-
The appellant/tenant should pay occupational charges @ Rs. 3500/- (Rupees Three Thousand and Five Hundred) per month from the date of passing of ejectment decree i.e. 21st April, 2011 and that arrear amount for the period from 21st April, 2011 to 31st March, 2012 within four months from this date and that the appellant/tenant shall go on depositing the current occupational charges from the month of April, 2012 @ Rs. 3500/- (Rupees Three Thousand and Five Hundred) per month by 15 of each succeeding month and the first payment to be made by 15 of May, 2012. In case of failure to pay any single instalment and/ or the arrear amount within stipulated time framed, this order of stay will stand automatically vacated.
The application being C.A.N. 5743 of 2011 stands disposed of accordingly.
In view of disposal of the original application, interim application being C.A.N. 2081 of 2012 stands disposed of being infructuous.
At the prayer of learned advocate for the respondents/landlords, let lower courts' records be called by special messenger by depositing the said special messenger cost within seven days from this date.
On receipt of lower courts' records, office shall examine the same to ascertain whether the same is in order or not. At the prayer of learned advocate for the respondents/landlords, they are permitted to prepare sufficient number of informal paper books containing all the relevant papers within twelve weeks. The order is passed without prejudice to the rights and contentions of the parties and the respondents/landlords would be at liberty to withdraw the contractual amount subject to the result of the appeal. They shall deposit the amount in trial court and the respondents/landlords will be permitted to withdraw the contractual amount of rent for the present.
Urgent Photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of necessary formalities.3
.B. (Tarun Kumar Gupta, J.)