Calcutta High Court (Appellete Side)
Loknath Ghosh vs Niva Roy (Behara) & Anr on 10 July, 2017
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
10.7.2017
Item No. 46
Court No. 14
ac
S.A.T. 37 of 2017
Loknath Ghosh
-versus-
Niva Roy (Behara) & Anr.
Mr. Aniruddha Chatterjee,
Mr. Surya Prasad Chattopadhyay.
... For the Appellant.
Mr. Partha Pratim Roy,
Mr. S. P. Lahiri.
... For the Respondent.
It is submitted by the learned advocate for the appellant that the deficit court fees was deposited on 4th July, 2017 vide filing no. A-12696.
This appeal will be heard on the following substantial question of law :
Whether the courts below rightly decided the issue regarding legality and/or validity of the ejectment notice which is the foundation of the suit for eviction under the West Bengal Premises Tenancy Act, 1956 as there is no valid notice of one month expiring the month of tenancy of the premises or not?
Call for the record by special messenger at the cost of the appellant. Such cost should be deposited within a week from date.
Since Mr. Lahiri, has already entered appearance on behalf of the defendant/respondent, service of notice of appeal upon the defendant/ respondent is dispensed with.
Appeal, thus, be treated ready as regards service.
All further proceedings of Title Execution Case No. 6 of 2016 pending before the learned Civil Judge, Junior Division, 3rd Court at Serampore, Hooghly, will remain stayed till the disposal of the appeal, subject to fulfillment of the following conditions :
i) The defendant/appellant will have to deposit all arrear occupational charges upto the month of June, 2017 at the rate at which it was last paid and/or deposited by the defendant/appellant in the executing court positively within two weeks from date.
ii) The defendant/appellant will have to pay current occupational charges commencing from the month of July, 2017 till the disposal of the appeal @ Rs.10,000/- per month in the executing court. First of such deposit for the month of July, 2017 will be deposited on 7th August, 2017 and for the subsequent months within 7th of each succeeding month.
In default of compliance of any of the conditions as mentioned above, the interim stay as granted above will stand vacated and in that event the learned executing court will be free to proceed with the execution case in accordance with law.
If such deposit is made, the plaintiffs/ respondents will be permitted to withdraw half of such deposit without furnishing any security and the learned executing court is also directed to invest the balance amount of such deposit in short term interest earning deposit with any nationalised bank till the disposal of the appeal.
The application for stay is, thus, disposed of.
(Jyotirmay Bhattacharya, J.) (Shivakant Prasad, J.) 1 2