Arati Dutta vs Rajnarayan Singh
2022 Latest Caselaw 1638 Cal

6.                                          SAT 391 of 2019
     29-03-2022
sg
                                            CAN 4 of 2022
       Ct. 8
                                              Arati Dutta
                                                Versus
                                   Rajnarayan Singh, since deceased,
                             his legal representatives Maya Singh & Ors.


                         Mr. Tarak Nath Halder, Adv.
                         Mr. Sagnik Chatterjee, Adv.
                                              ...for the appellant

                         Mr. Probal Mukherjee, Sr. Adv.
                         Mr. Piush Chaturvedi, Adv.
                         Mr. Uttam Kumar Mandal, Adv.
                                              ...for the respondents

An affidavit of undertaking accompanying by a cheque

amounting to Rs.72,000/-, bearing no.000067 dated 29 th March,

2022, drawn at Bandhan Bank, Salt Lake Sector-III branch, are

produced before this Court. The appellant has given an

undertaking that the said cheque shall be duly honoured on

presentation.

The petitioner has filed an affidavit of undertaking by way

of a petition to the effect that the appellant shall deliver khas and

vacant possession of the suit premises to the decree-holder on or

before 31st May, 2022. The said undertaking is accepted subject to

the appellant paying a sum of Rs.10,000/- per month on and from

April, 2022 till 31st May, 2023 or till the actual date of delivery of

khas and vacant possession, whichever is earlier.

The occupational charges for the month of April, 2022 shall

be paid by 7th April, 2022 and thereafter by 7th of each succeeding

month. In default of payment of initial installment or any of the

future installments, the decree shall immediately be executable.

The occupational charges shall be paid through RTGS to the

following designated bank account of the decree-holder:

      Name:      Sankar Lal Singh
      Bank:      Punjab National Bank
      A/C. No.: 0868010027995
      IFSC Code: PUNB0008420

A sum of Rs.1,50,000/- is due and payable towards means

profits out of which Rs.72,000/- has already been paid. We direct

the appellant to pay the balance means profits of Rs.78,000/-

within two weeks from date.

The judgment dated 24th March, 2022 stands modified to the

aforesaid extent.

The application being CAN 4 of 2022 is, accordingly,

disposed of.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)