Raja Hela vs Achyutananda Kundu
2023 Latest Caselaw 5633 Cal

28.08.2023.
Item No. 20.
Court No. 13
   ap                          F.A.T. No. 145 of 2022
                                        With
                               I.A. No. CAN 1 of 2023

                                    Raja Hela
                                     Versus
                               Achyutananda Kundu
                 Mr. Rahul Karmakar,
                 Mr. Santu Nandy.
                                                    ...For the appellant.
                 Ms. Shohini Chakraborty,
                 Mr. Arijit Sarkar.
                                                   ...For the respondent.

1. The instant appeal is directed against the

judgment and decree for eviction of licensee dated 13th

May, 2022 passed by the learned 2nd Bench of the City

Civil Court at Calcutta in Title Suit No.1171 of 2016.

2. By the impugned judgment, the appellant was

held as licensee and not a monthly tenant under the

West Bengal Premises Tenancy Act, 1997. Eviction was

ordered.

3. The appeal is required to be heard with

expedition.

4. Lower Court's Record shall be brought by the

Registry of this Court from the Court below with

urgency.

5. Since the respondent has already entered

appearance in this appeal through his learned

advocate, formal service of notice of appeal upon the

respondent is dispensed with.

6. Let requisite number of informal paper books be

prepared by the appellant and be served upon the

respondent within 9th October, 2023.

7. In the meantime the appellant shall pay the

respondent, arrears of occupational charges at the rate

of Rs.3,500/- per month from April, 2015 till May,

2022.

8. The appellant shall also pay arrears of

occupational charges from June, 2022 onwards till

date at the rate of Rs.4,500/- per month. The arrears

shall be paid in three equal instalments on or before

the next date.

9. Pending hearing of the appeal and until further

orders, the appellant shall continue to pay monthly

occupational charges, starting from September 2023 at

the rate of Rs.4,500/- per month directly to the

respondent/landlord. With effect from October, 2023,

the occupational charges shall be payable as indicated

above at the rate of Rs.4,500/- by each succeeding

month.

10. The payment, as indicated hereinabove, may be

made by NEFT/RTGS Bank Transfer.

11. The payment of occupational charges, as

directed hereinabove shall abide by the result of the

appeal.

12. Until the appeal is disposed of, there shall be

stay of the impugned judgment dated 13th May, 2022

passed by the learned 2nd Bench of the City Civil Court

at Calcutta in Title Suit No.1171 of 2016.

13. It is made clear that in default of payment of any

of the sums as indicated hereinabove, the stay of the

impugned decree and judgment shall stand vacated

and the instant appeal shall stand dismissed.

14. Since the instant appeal shall be heard along

with the application, the Registry of this Court shall

issue First Appeal Number to the case. Let this matter

be listed on 9th October, 2023.

15. All parties are directed to act on a server copy of

this order duly downloaded from the official website of

this Court.

(Rajasekhar Mantha, J.)

(Supratim Bhattacharya, J.)