Calcutta High Court (Appellete Side)
91/2011 on 29 June, 2011
Author: Tapan Kumar Dutt
Bench: Tapan Kumar Dutt
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29.6.11
S.A. 91 of 2011
with
CAN 3285 of 2011
with
CAN 4785 of 2011.
Mr. Basudev Gayen .....For the Appellants.
Mr. Kashinath De,
Mr. Sandip De ....... For the Respondents.
Re: CAN 3285 of 2011.
The application has come up for final hearing. The interim order passed on 13.4.2011 shall continue unconditionally for a period of six weeks. Thereafter the interim order shall continue till the disposal of the appeal or until further orders whichever is earlier on condition that the appellants comply with the following conditions:
1) The appellants shall deposit before the learned Executing Court where the ejectment execution case No. 94 of 2009 is pending , i.e. Learned Second Bench, Presidency Small Causes Court at Calcutta, arrear occupation charges of Rs.
20,000/- for the period February, 2011 up to June, 2011 @ Rs. 4,000/- per month within six weeks. The aforesaid occupation charges has been fixed as it appears from the application and affidavit that there is no dispute that the suit premises covers an area of about 800 sq. ft. and it is in the heart of the Calcutta where the property prices are quite 2 high and if one takes a very modest view the rate of rent per sq. ft. would be at least Rs. 5/- even though the respondents have claimed that in that area considering the nature and condition of the building it could fetch Rs. 15/- per sq. ft. as rent.
2) The appellants shall go on depositing before the said learned Executing Court Rs. 4,000/- every month during the pendency of this appeal or until further orders whichever is earlier within fifteenth of each month succeeding the month for which it becomes due. The first of such deposit of current occupation charges shall be made by 15th August, 2011 for the month of July, 2011 and thereafter the appellants shall go on depositing month by month as aforesaid. In default of compliance of any of the above conditions, interim order shall stand vacated.
The application is disposed of.
Re: CAN 4785 of 2011.
As prayed for by the learned Advocate for the respondents, respondents shall put the special messenger cost within one week for bring the lower court records to this court. The respondents shall prepare the requisite number of paper books out of court and file the same in the department concerned within six weeks from the date of receipt of notice of arrival of the lower court records.
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The department concerned is directed to serve such notice of arrival of the records upon the learned Advocate for the appellants as well as learned Advocate for the respondents. Since the learned Advocate has already entered appearance on behalf of the respondents, as submitted by the said learned Advocate, service of notice of appeal upon the respondents is dispensed with.
Learned advocate for the appellants has served copy of the memorandum of appeal upon the learned Advocate for the respondents in court today.
The application is disposed of.
Urgent Xerox certified copy of this order, if applied for, be given to the parties on compliance of usual formalities.
( Tapan Kumar Dutt, J )