Calcutta High Court
Shib Krishna Debutter Estate vs Janab Jalaluddin Ahmed Siddique & Ors on 11 December, 2009
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 3239 of 2009
CS No. 224 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SHIB KRISHNA DEBUTTER ESTATE
Versus
JANAB JALALUDDIN AHMED SIDDIQUE & ORS.
Appearance:
Mr. Pradip Dutt, Adv.
Mr. S. K. De, Adv.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 11th December, 2009.
The Court : The defendant nos.1, 2, 7 and 9 have been served. The defendant nos.8 and 9 are represented.
The plaintiff says that though the plaintiff is the owner of the building at premises no.27, Weston Street, the defendants are in actual possession thereof and the defendants have inducted illegal occupants thereat. The plaintiff says that the defendants are liable to pay the Municipal rates and taxes and have defaulted in their obligation to discharge such dues.
The Corporation has been impleaded as the eighth defendant and its Assessor-Collector (North) as the ninth.
The plaintiff seeks an immediate order restraining the defendant nos.1 to 7 from inducting any person in the suit premises. 2
There will be an order in terms of prayer (a) since the first to seventh defendants are not represented. The plaintiff says that a person should be appointed to ascertain as to who are the persons in occupation of the premises and the quantum of rent or occupation charges paid by them.
Mr. Sudip Deb, Advocate is appointed Special Officer for the purpose.
However, nothing in this order should be construed to have restrained the Corporation or its officers from invoking the provisions of the Kolkata Municipal Corporation Act, 1980 for the purpose of realising the Municipal rates and taxes.
The Special Officer will be paid an immediate remuneration of 500 GM by the plaintiff. The Special Officer's report should be filed by January 5, 2010 when the matter will appear next as a 'New Motion'. The plaintiff will inform the defendant nos.1 to 7 of this order forthwith and file another affidavit of service.
Urgent certified photostat copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) Bp.
A.R(C.R)