Subhendu Saha vs Sukumar Kundu And Ors
2022 Latest Caselaw 8645 Cal

22.12.2022
 KC(4)
                               F.M.A. 838 of 2022
                                Subhendu Saha
                                    -versus-
                            Sukumar Kundu and Ors.
                                      With
                                 CAN 1 of 2022



             Mr. Supriya Ranjan Saha,
             Mr. Suman Kumar Mukherjee.........For the appellant.


                   We formally admit the appeal.

                   We do not find any infirmity in the impugned

             judgment and order. The only difficulty that might arise

             from it is with regard to its implementation.

                   What are the terms and conditions of the tenancy

             agreement dated 23rd November, 2017? What business

             do they permit to be carried on in the subject premises?

             What business is actually being carried on?

                   Furthermore it is submitted that the respondents,

armed with the impugned judgment and order, have

stopped the business of the appellant and have also cut

off electricity, water connections and padlocked the

bathroom.

We are of the view that a Special Officer be

appointed to visit the premises, inspect it and file a

report before the learned court below in terms of the

queries raised by our order read with the impugned

judgment and order of the learned court below.

Ms. Shanti Das, Advocate, member Bar

Association (Mobile No. 98314 71527) is appointed as

Special Officer at a remuneration of 1200 G.M.s to be

paid by the appellant.

The Special Officer is to file a report in the

learned court below by 5th January, 2023.

Considering the above situation, on the

application of the appellant/defendant, the learned trial

judge shall prepone the returnable date of the

application and upon due service of the cause papers

upon the respondents proceed to consider the interim

application upon hearing the respondents.

The impugned judgment and order of the learned

court below is modified to the above extent.

The appeal (F.M.A. 838 of 2022) and the

connected application (CAN 1 of 2022) are disposed of.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)