Calcutta High Court (Appellete Side)
Narayan Kumar Khaitan vs Sri S. C. Bagri on 29 August, 2023
29.08.2023
Items 16 & 17
CP
C.O. No. 830 of 2023
Narayan Kumar Khaitan
Versus
Sri S. C. Bagri
With
C.O. NO. 434 of 2023
Sri S. C. Bagri
Versus
Narayan Kumar Khaitan
Mr. Partha Pratim Roy
Mr. Shuvanil Chakraborty
....for the petitioner
in C.O. No. 830 of 2023.
Mr. Amal Krishna Saha
Mr. Tanmoy Mukherjee
Mr. Biswajit Choudhury
Mr. Souvik Das
Mr. K. R. Ahmed
Mr. Rudranil Das
Mr. Soumava Santra
......for the petitioner
in C.O. NO. 434 of 2023.
Both these revisional applications arise out of
the same order. Similar questions of fact and law are
involved. Mr. Saha, learned Advocate for the tenant,
i.e., the petitioner in C.O. NO. 434 of 2023, prays for
reduction of the amount of occupational charges
awarded by the learned court below.
Mr. Roy, learned advocate for the landlord and
petitioner in C.O. No. 830 of 2023, submits that the
amount of Rs.20,000/-, as awarded, was way below
the market rent.
The sole issue is whether the principles laid
down by the Hon'ble Apex Court with regard to the
quantum of occupational charges payable by a
tenant who had suffered a decree of eviction, but
seeks stay of execution during pendency of the
appeal, had been applied in this case.
The order impugned dated January 11, 2023 is
set aside on the following grounds:
a) The order does not record any reason as to
how the learned court below came to the
conclusion that Rs.20,000/- per month,
would be a reasonable amount.
b) The order impugned does not discuss any
parameters which weighed upon the court
while deciding such quantum.
c) Neither party had produced any documents
in support of their claim i.e. the rent which
the property was likely to fetch, considering
the location, measurements date of
construction and the date of the tenancy.
Thus, this court is of the view that the
application for stay filed in Ejectment Appeal No. 2 of
2023, arising out of Ejectment Suit No. 3 of 2017,
should be heard afresh, on the point of quantification
of the amount of occupational charges.
However, the fact that the petitioner in C.O.
NO. 434 of 2023 has suffered a decree of eviction
but is continuing to enjoy the property till the rights
are decided in the appeal, an ad hoc amount of
Rs.1,00,000/- shall be deposited in the learned court
below, within September 26, 2023. Such payment
shall be without prejudice to the rights and
contentions of the parties and shall be adjusted after
the final decision is given by the learned lower
appellate court.
The parties will be at liberty to file further
written versions along with documents, in support of
their rival claims, in the form of affidavits.
The operation of judgment and decree shall
remain stayed unconditionally upto 26, 2023 and
shall continue till the application is disposed of by
the learned lower appellate court, if the deposit is
made within September 26, 2023.
In case of default, the execution will proceed.
The application for stay shall be disposed of by
the learned court below within November 30, 2023,
upon deciding the quantum of occupational charges
and upon considering the objections and documents
to be filed by the parties in support of their claims.
This court has not made any observations on the
merits.
The revisional applications are accordingly
disposed of.
There shall be no order as to costs.
Parties are to act on the server copy of this
order.
(Shampa Sarkar, J.)
