Kishore Joardar vs The State Of W.B. & Ors
2023 Latest Caselaw 3963 Cal

  96
20.06.2023
 Ct. No.10
    b.das


                               WPA 1794 of 2023

                               Kishore Joardar
                                     Vs.
                               The State of W.B. & Ors.

                   Mr. Sankar Paul
                   Ms. Tapati Sarkar               ...for the petitioner.

                   Ms. Indrani Chakraborty         ...for the respondents.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the

father of the petitioner, Krishna Prasad Joardar (since

deceased) entered into a lease agreement with the

respondents on May 10, 1994 and the period of lease was

extended from time to time.

Upon demise of the lessor, a fresh agreement was

entered into by and between the mother of the petitioner,

Mira Joardar (since deceased) and the respondents on 17 th

December, 2003 for a period of five years which expired on

16th December, 2008.

The respondents stopped payment of monthly rent

from February, 2009 on the plea that the property in

question was vested with the Government of West Bengal.

In a title suit filed by the petitioner being T.S. 33 of

2013, the learned Civil Judge (Junior Division), Tehatta,

Nadia by a judgment and decree dated 30 th January, 2017

declared the petitioner's title in respect of the property in

question with a further observation that the property was

not vested.

The petitioner prays for issuance of writ in the nature

of mandamus commanding the respondent authorities to

make payment of the arrear as well as current rents from

February, 2009 till date along with 10 % compound

interest thereon.

It is submitted on behalf of the respondents that the

respondents stopped payment of monthly rent to the

petitioner/his predecessor-in-interest upon receipt of a

complaint from one Shefali Biswas on 25 th June, 2008

stating that the property in question is vested with the

Government of West Bengal.

It is further submitted that the record of rights

pertaining to the plot in question still shows the name of

the Collector, State of West Bengal and the petitioner's

name has not been recorded.

It is not in dispute that the respondents are tenants

under the petitioner and have defaulted in payment of

monthly rents since February, 2009.

The judgment and decree of the civil court declares

the title of the petitioner in respect of the property and also

holds that the property is not vested with the State. The

judgment has not been carried in appeal by the State

authorities who were impleaded as defendants in the title

suit.

In view of the said judgment, it can be held beyond

all reasonable doubt that the petitioner is the owner of the

property in question and is entitled to monthly rents from

the respondents for the same.

The record of rights is only a document showing

possession and does not confer title in favour of the

government, more so, since the civil court has declared the

title and possession of the petitioner in respect of the

property.

Since admittedly the respondents have refrained

from paying monthly rents to the petitioner from February,

2009 till date, the respondents are directed to pay such

rents from February, 2009 to May, 2023 at the rate of

Rs.1,500/- per month along with simple interest thereon at

the rate of 6 % per annum within three months from the

date of the order.

The agreement entered into by and between the

mother of the petitioner and the respondents have

admittedly expired. A letter issued by the Superintendent

of post offices, Nadia (North) division, Krishnagar on 14 th

November, 2003 demonstrates that as per existing

departmental rules, a lease deed is required to be executed

by the house owner for a period of five years for every

rented building where the departmental post offices are

functioning.

In view of the same, the petitioner shall execute a

lease deed in favour of the respondents for a period of five

years with effect from 1st July, 2023 within three weeks

from date.

With the above instructions and observations the

writ petition being WPA 1794 of 2023 is disposed of.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)