Soumya Bera vs Substituted Heirs Of Ashis Kumar ...
2023 Latest Caselaw 4531 Cal

Item No. 9
28.07.2023

GB C.O. 2037 of 2023

Soumya Bera Vs.

Substituted heirs of Ashis Kumar Pal (Deceased) Bharti Pal & Ors.

Mr. Souma Subhra Ray ... for the Petitioner.

This revisional application has been filed challenging

an order dated May 11, 2023 passed by the learned

Additional District Judge, 2nd Court at Serampore, Hooghly

in Title Appeal No.31 of 2022.

By the order impugned, the learned lower appellate

court allowed the prayer for stay of operation of the

judgment and decree dated March 30, 2022 passed in Title

Suit No.185 of 2013 subject to payment of Rs.5,000/- per

month along with the contractual rent, as the occupational

charges. The arrear occupational charges at the same rate

was directed to be paid within two months from the date of

the order.

This Court finds that the learned lower appellate court

did not mention the basis of fixing the occupational charges

at Rs.5,000/- per month. The plaint discloses the dilapidated

condition of the shop room, which measures around 100sq.

ft. The Commissioner's report elaborately indicates the

damaged condition of the shop room. The fact that the shop

room has a tile shed and the door is broken, is also evident. It

further shows that there are no windows in the said shop

room. Moreover, there is no document on record which

would indicate the current market rent, the shop room would

fetch.

Under such circumstances, the order impugned

requires modification. Considering the equity, this Court

directs that a total amount of Rs.2,000/- per month as

occupational charges shall be paid. The same shall be paid

month by month, every month within 15th of every

succeeding month. The arrear from the date of passing of the

decree, that is, March 30, 2022 till June 2023 shall be

liquidated in three equal monthly instalments along with the

amount as directed hereinabove. The occupational charge for

July 2023 shall be paid within August 15, 2023 and

thereafter, as directed by this court.

The learned lower appellate court is directed to

dispose of the appeal within a period of six months from the

date of communication of this order.

Accordingly, the revisional application is disposed of.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on priority basis.

(Shampa Sarkar, J.)