Sarvamangala Properties vs Punjab National Bank
2022 Latest Caselaw 2262 Cal/2

ODC 5
                            ORDER SHEET
                             AP/550/2022
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                        COMMERCIAL DIVISION


                        SARVAMANGALA PROPERTIES
                                   VS
                          PUNJAB NATIONAL BANK


 BEFORE:
 The Hon'ble JUSTICE SHEKHAR B. SARAF
 Date: 24th August, 2022.

                                                                     Appearance:
                                                            Mr. Joy Saha Sr. Adv.
                                                            Mr. Ishan Saha, Adv.
                                                        Mr. Anil Chaudhury, Adv.

                                                    Mr. Ranojit Chowdhury, Adv.


        The Court: I have heard Mr. Joy Saha senior advocate appearing on

 behalf of the petitioner who has placed several letters exchanged between the

 parties that indicate that rent is due from 1st of May, 2017 till date. This is an

 admitted position that no rent has been paid by the respondent from 1st of

May, 2017. The position in law is very clear and a catena of judgments of this

High Court and Supreme Court has held that a person cannot be allowed to

enjoy a property without paying the undisputed rent.

Needless to mention, the issues with regard to enhancement of rent,

eviction etc. is subject to decision by the Court/Arbitrator. However, the

admitted rent has to be paid by the person who continues to enjoy the

property.

Counsel on behalf of the respondent bank has sought time to take

instruction in this matter. Accordingly, this matter is adjourned and shall be

taken up on Tuesday.

(SHEKHAR B. SARAF, J.)

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