Document Fragment View

Matching Fragments

In the appeal the appellant filed an application being CAN 8543 of 2012, praying for stay of the execution proceeding filed by the respondent-landlord being Ejectment Execution Case No.20 of 2012 pending before the Civil Judge, Junior Division, 2nd Court, at Alipore. The respondent-landlord also filed an application being CAN No.11668 of 2013 praying for an order requiring the appellant-tenant to pay occupation charges in respect of the suit property at the market rate as a condition for obtaining stay of the execution proceeding. By an order dated May 07,2015 this Court disposed of both the said applications filed by the appellant and the respondent. However, in the said order dated May 07,2015 the application of the respondent being CAN 11668 of 2013 was inadvertently recorded as CAN 11228 of 2013.

In this application the appellant has prayed for, inter alia, condonation of delay in making payment of the monthly instalment of the arrear occupation charges and the current occupation charges to the respondent landlord payable for the month of August 2015 as also, for stay of the order passed by the learned executing Court for taking of possession of the suit property.

It is the case of the appellant in this application, that she deposited the cheques for the monthly instalment of Rs.61,875/- and current occupation charges of Rs.15,000/- with the bank account of the respondent for the months of June and July 2015 within the time stipulated by the said order dated May 7,2015. On August 8,2015 she instructed her caretaker to deposit two cheques both dated August 8,2015 drawn on Axis Bank for Rs.61,875/- and Rs.15,000/- respectively, in the bank account of the appellant, maintained with the Axis Bank. However, on enquiry from the bank while updating the pass- book she found that those two cheques were not encashed and after perusing the deposit slips the petitioner found that the account number of the respondent was wrongly mentioned in the deposit slips. According to the appellant, thereafter she immediately went to the bank on August 18,2015 and did the needful and both the cheques were encashed on August 18,2015. In the meantime, the respondent-landlord had filed the ejectment execution case at Alipore for executing the eviction decree on the ground of default in complying with the condition fixed by the said order dated May 7,2015 for the month of August, 2015 and after considering the facts of the case including the written objection of the appellant the learned executing court has passed an order for executing the decree for taking possession of the suit property against the appellant-petitioner. As mentioned above in this application, the appellant has also prayed for stay of the said order passed by the learned executing court.

In the application the appellant-petitioner has disclosed the written objection filed by her to the ejectment execution application of the respondent- decree-holder. She has also disclosed the deposit slips of the Axis Bank.

On the basis of the aforementioned statements made in the application and the documents disclosed by the appellant-petitioner, Mr. Sanjay Bose, learned advocate led by Mr. Utpal Majumdar appearing for the appellant-petitioner submitted that the appellant has made out a bona fide case for the delay in making payment of the dues for the month of August 2015 to the respondent- decree-holder and for stay of the order passed by the learned executing Court.