Calcutta High Court (Appellete Side)
Md. Anwar Alam Khan vs Md. Sayed Jan & Ors on 13 January, 2020
Author: Biswajit Basu
Bench: Biswajit Basu
1 (04) 13.01.2020
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. No. 4276 of 2019 With C.O. No. 697 of 2019 Md. Anwar Alam Khan
-versus-
Md. Sayed Jan & ors.
With C.O. No. 3739 of 2018 Abdul Khalique Nehal & ors.
-versus-
Md. Anwar Alam Khan & ors.
Mr. Tarique Quasimuddin, Mr. Abbas Ibrahim Khan, .... for the petitioner in CO 4276/19 & CO 697/19) and O.P. in CO 3739/2018.
Mr. Saptansu Basu,
Mr. Ayan Banerjee,
Mr. Abid Jamal, ... for the opposite parties
in CO 4276/19 & CO 697/19
and petitioner in CO 3739/18.
The revisional applications are taken up for analogous hearing since all of the three applications are connected with the Title Appeal No. 58 of 2013.
The petitioners of C.O. 3739 of 2018 have suffered a decree of eviction in Ejectment Suit No. 1739 of 2001 and have preferred the said Title Appeal No. 58 of 2013.
The appeal Court below by the order impugned in the said revisional application being order no. 63 dated June 28, 2018 has disposed of an application filed by the decree holders by directing then judgment-debtors to pay occupation charges in respect of suit property at the rate 2 of Rs. 33,338/- (Thirty Three Thousand Three Hundred Thirty Eight) only per month to the decree holders for the period from June 2013 till May 2018 within three months from the date of the said order and to go on paying the said amount month by month till the disposal of the said appeal.
The decree-holders in C.O. 4276 of 2019 are challenging the order no. 72 dated September 11, 2019 passed in the said appeal whereby their application for dismissal of the said appeal for non-payment of occupation charges fixed by the aforementioned order no. 63 dated June 28, 2018 has been dismissed by the appeal Court below.
The decree under challenge in the said appeal has already been put into execution, giving rise to Ejectment Execution Case No. 86 of 2013.
The decree holders in the said execution case has filed an application under Order XXI Rule 97 of the Code of Civil procedure for police assistance to execute the said decree, registered as Miscellaneous Case No. 02 of 2014, before the Executing Court.
The decree holders have filed the C.O. 697 of 2019 seeking a direction upon the learned Executing Court for expeditious disposal of the said Miscellaneous Case No. 02 of 2014.
The occupation charge of the suit property by consent of the parties is fixed at Rs. 20,000/- (Twenty Thousand) only per month.
The judgment-debtors shall pay the occupation charges in respect of the suit property at the said rate for the period from June 2013 till December 2019 within three months from date in three equal monthly instalments.
The first of such instalments is to be paid by the end of the month of January 2020 and the rests of the said two instalments is required to be paid within fifteenth of February 2020 and fifteenth of March 2020 respectively.
3
The judgment-debtors shall also pay the current occupation charge at the said rate within fifteenth of each succeeding month for which it falls due.
There shall be an unconditional order of stay of all further proceedings of the Ejectment Execution Case No. 86 of 2013 pending before the learned Judge, II Bench, Presidency Small Causes Court at Calcutta till the end of the month of January 2020 and in the event the judgment- debtors make the payment as directed above the said order of stay shall continue till the disposal of the Title Appeal No. 58 of 2013 pending before the learned Judge, VI Bench, City Civil Court at Calcutta.
In default of compliance of any of the above mentioned directions regarding payment of said occupation charges the stay granted by this order shall stand vacated automatically and the decree shall be executable at once.
In view of the aforesaid, order impugned in C.O. 4276 of 2019 does not call for any interference and at this stage no direction can be passed for expeditious disposal of the said Miscellaneous Case No. 02 of 2014.
With the above C.O. 3739 of 2018, C.O. 697 of 2019 and C.O. 4276 of 2019 are disposed of.
However, there shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.
(Biswajit Basu, J.)