Document Fragment View
Fragment Information
Showing contexts for: ejectment execution in Naznin Aslam & Ors vs Sri Ajoy Kumar Sinha on 21 May, 2024Matching Fragments
7. C.O. No.1714 of 2024 has been filed challenging the order of the learned Judge-in-Charge, 2nd Bench, Presidency Small Causes Court, Calcutta in Misc. Case No.165 of 2022 arising out of Ejectment Execution Case No.81 of 2022 directing grant of police help for execution of the decree.
8. I find that the learned court calculated the market valuation of the property and imposed the occupational charges. Occupational charges should be based on certain parameters namely, location, condition of the premises, reasonable rent the property would fetch etc. The learned court failed to take into consideration such factors. Moreover, a reasonable amount must be directed to be paid, which cannot be either punitive or oppressive.