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This revisional application is directed against the order dated August 5, 2016 passed by the learned Civil Judge, Senior Division, Sealdah in Ejectment Execution Case No. 9 of 2015, arising out of Ejectment Suit No. 12 of 2013. By the impugned order, the learned Court below, as the executing Court, allowed the application filed by the opposite party, the defendant judgment debtor in the ejectment suit, by directing that all further proceedings of the execution case shall remain stayed till the disposal of an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (in short "the Code") filed by the opposite party, being Misc. Case No. 08 of 2015 praying for recalling of the ex parte eviction decree.

For all the foregoing reasons, the impugned order dated August 5, 2016 passed by the learned Civil Judge, (Senior Division), Sealdah in Ejectment Execution Case No. 9 of 2015 is set aside.

Even in the present revisional application, no argument was advanced on behalf of the opposite party to point out any reason the present rent for the suit fixed by the said valuer appointed by the petitioner at Rs. 55/- per square foot, per month should not be accepted. There is no complain that the suit property is not properly maintained or it lacks any facilities. Undisputedly, the suit property used by the opposite party for commercial purpose is situated in the heart of the city of Kolkata, in the close proximity of Sealdah Station. Even if, very conservative amount is taken into consideration on account of the rate of rent which the suit property can fetch, it cannot be less than Rs. 40/- per square foot, per month. Therefore, the opposite party is directed to pay occupation charges of the suit property, comprising 5910 square feet approximately, at the rate of Rs. 2,36,400/- (Rupees Two Lakh Thirty Six Thousand Four Hundred only), per month with effect from February 17, 2015 till the disposal of the application under Order IX Rule 13 of the Code.