Calcutta High Court (Appellete Side)
M/S. Pashupati Das & Sons Pvt. Limited vs Smt. Rita De And Others on 24 June, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
06.2019
No. 12. SAT 397 of 2018
with
CAN 7603 of 2018
M/s. Pashupati Das & Sons Pvt. Limited
-vs-
Smt. Rita De and others.
Mr. J. Chakraborty
Mr. A.K. Mondal
...for the appellant.
Mr. Deepak Kumar Basu
Mr. Sayan Sinha
...for the respondents.
Nothing further remains of this second appeal as possession has admittedly been handed over by the appellant and accepted by the plaintiff- respondents.
It is submitted on behalf of the appellant that monthly occupation charges had been deposited at the rate of Rs.40,000/- per month from the month beginning the one following the decree till July, 2018 before the trial court and no further deposit on account of occupation charges was made from August, 2018 since the appellant perceived the monthly rate of deposit to be exorbitant and had carried a petition under Article 227 of the Constitution before this court. Such petition is pending but the present appeal has been taken up.
The appellant submits that since the original agreement between the parties was for the appellant to get 1030 sq ft space in the reconstructed building and the appellant was only provided 686 sq ft space, the monthly occupation charges ought to be much less than the amount of Rs.40,000/- as directed to be paid by the lower appellate court.
It appears that a sum of Rs.25,000/- per month would be a reasonable figure and the plaintiff-respondents do not object to the same. However, such reduced amount will be payable from August, 2018 and the deposits made at the higher rate prior to August, 2018 remain uninterfered with.
The appellant submits that the occupation charges from August, 2018 to April, 2019 (since possession was offered to be made over in the beginning of May, 2019) will be paid to advocate for the plaintiff-respondents within six weeks 2 from date. The appellant also agrees that the plaintiff-respondents will be unconditionally entitled to obtain the entire amount lying deposited in the lower appellate court on account of occupation charges till the month of July, 2018.
Accordingly, SAT 397 of 2018 and CAN 7603 of 2018 are disposed of by recording that the possession of the decretal premises has been made over to and received by the plaintiff-respondents and that the plaintiff-respondents will be entitled to receive the amount due on account of occupation charges at the rate of Rs.25,000/- per month from August, 2018 to April, 2019, which amount will be made over by the appellant to advocate for the plaintiff-respondents within six weeks from date. It is also recorded that the entire amount lying deposited on account of occupation charges in the lower appellant court may be withdrawn and appropriated by the plaintiff-respondents without any objection from the appellant.
In default of the outstanding occupation charges for the months of August, 2018 to April, 2019 being paid within the time indicated, the amount due as on June 30, 2019 will carry interest at the rate of 14% per annum till paid off.
There will be no order as to costs.
(Sanjib Banerjee, J.) (Suvra Ghosh, J.)