Sri Ranjan Basak & Ors vs Smt. Shilpi Laha & Anr
2021 Latest Caselaw 2980 Cal

   20
   SK
Ct. No. 18
23.04.2021

(Via Video Conference) C.O. No. 990 of 2021

Sri Ranjan Basak & Ors.

Vs.

Smt. Shilpi Laha & Anr.

Mr. Shibendra Nath Chattopadhyay, Mr. Prabir Kumar Mishra, Mr. Priyam Misra ... For the petitioners.

The opposite party no. 1 has suffered a decree of

eviction in Ejectment Suit No. 336 of 2010 passed by

the 2nd Bench of learned Judge, Presidency Small

Causes Court at Calcutta and aggrieved by the said

decree preferred the connected appeal being Title

Appeal No. 7 of 2021, which is now pending before the

learned Chief Judge, City Civil Court at Calcutta.

The appeal Court below by the order impugned

being Order No. 5 dated March 17, 2021 has assessed

the occupational charge @ Rs. 2,080/- per month as

the condition for stay of the operation of the judgment

and decree under appeal.

The plaintiffs/decree-holders, the petitioners herein

although have claimed that the rate of occupational

charge should be at least Rs. 50/- per square feet, but

did not produce any document to substantiate their

said claim.

The appeal Court below by the order impugned has

assessed the occupational charge @ Rs. 40/- per

square feet.

Some amount of guesswork is permissible in

assessing the rate of said charge in the absence of

any material.

This Court, therefore, does not find any illegality

and/or infirmity in the order impugned warranting

interference.

C.O. 990 of 2021 is dismissed without any order as

to costs.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)