S.M. Iqbal @ Shaikh Mohammed Eqbal vs Kamrunnisa
2023 Latest Caselaw 4261 Cal

17.07.2023 Sl. No.25(DL) srm

C.O. No. 2688 of 2022

S.M. Iqbal @ Shaikh Mohammed Eqbal Versus Kamrunnisa

Mr. Tarique Quasimuddin, Mr. Nasir Quasimuddin, Ms. Sanchita Chaudhuri ...for the Petitioner.

Mr. Arif Ali ...for the Opposite Party.

This revisional application has been filed by the

judgment-debtor challenging an order dated March 11, 2022

passed by the learned Civil Judge (Junior Division), 5th Court

at Alipore, District-South 24-Parganas.

By the order impugned, the learned court below

allowed the application for stay of the Ejectment Execution

No.05 of 2021 arising out of Ejectment Suit No.02 of 2017 upon

condition that occupational charges of Rs.3,500/- per month

shall be paid by the petitioner month by month to the decree-

holder. The petitioner is aggrieved by such order.

Order XXI Rule 26 of the Code of Civil Procedure

empowers the executing court, upon sufficient cause been

shown, to stay the execution case for reasonable time, by

imposition of certain conditions.

Moreover, Hon'ble Apex Court in the matter of Atma

Ram Properties (P) Ltd. v. Federal Motors (P) Ltd. reported in

(2005) 1 SCC 705, had laid down the principle that if the

judgment-debtor continues to enjoy a property after having

suffered a decree of eviction, thereby, depriving the decree-

holder from enjoying the fruits of the decree, the occupational

charges at the market value shall be paid.

Under such circumstances, this Court does not find any

defect in the order impugned. The amount of Rs.3,500/- per

month as occupational charges, in the area where the tenanted

property is situated and noting the measurement of the

property, the amount is reasonable and proper.

The revisional application is, thus, dismissed.

There shall be no order as to costs.

However, the learned court below shall expeditiously

dispose of the application under Order IX Rule 13 of the Code

of Civil Procedure preferably within a period of three months

from the next date fixed.

Parties are to act on the basis of the server copy of this

order.

(Shampa Sarkar, J.)