Calcutta High Court (Appellete Side)
Joga Singh vs Smt. Shashi Bala Sinha on 6 October, 2023
Item No. 9
06.10.2023
GB
C.O. 2705 of 2023
Joga Singh
Vs.
Smt. Shashi Bala Sinha
Mr. Siddhartha Sharma,
Mr. Rishav Dutta
... for the Petitioner.
Mr. Sudeshna Basu Thakur,
Ms. Banani Bhattacharya
... for the Opposite Party.
Affidavit-of-service filed in Court today, be kept with
the record.
The order dated June 16, 2023 passed by the learned
District Judge-in-Charge, Alipore in Title Appeal No.168 of
2019 is under challenge.
By the order impugned, the Ejectment Execution Case
No.58 of 2019 was stayed provided the judgment debtor paid
Rs.30,000/- per month as occupational charges. Such
occupational charges were directed to be paid within 10th of
each succeeding month. In the event of default in payment of
the occupational charges for two consecutive months, the
learned court directed that the stay would be vacated.
It appears from the order impugned that there are
some defects:-
a) The parameters or the basis on which the court
came to a finding that Rs.30,000/- should be the
quantum of occupational charges, is not available
from the order impugned.
b) The date from which the occupational charges
should be paid, has also not been mentioned.
The law is that occupational charges should be paid
from the date of the decree.
The petitioner/judgment debtor suffered a decree of
ejectment on June 29, 2019. It appears that the first appeal
arising out of the judgment and decree is pending.
Under such circumstances, this Court is of the view
that justice would be sub served if the application for stay is
heard afresh by the learned lower appellate court by allowing
the parties to file documentary evidence in the form of
affidavits with regard to the current rent a similarly situated
premises in the locality would fetch. The schedule of the
plaint is quoted below:-
"SCHEDULE
ALL THAT piece and parcel of three
rooms, One Kitchen, One Toilet, One Verandah
(Ground Floor) situated at Premises No.2, Turf
Road, P.S. Kalighat, Kolkata - 700 025,
District South 24-Parganas."
It appears that the suit premises consists of three
rooms, one kitchen, one toilet and one verandah on the
ground floor situated at Premises No.2, Turf Road, P.S.
Kalighat, Kolkata - 700 025, District South 24-Parganas.
The said area is in an expensive locality in Kolkata and in the
heart of the city.
Considering the location, this Court is of the view that
an an ad hoc basis, Rs.10,000/- per month as occupational
charges shall be deposited in the learned executing court by
the petitioner, till the disposal of the application for stay.
Rs.10,000/- per month shall be paid on and from October
2023 within 10th of November 2023 and thereafter month by
month every month within 10th of the succeeding month.
Towards arrears, an ad hoc amount of Rs.60,000/- shall be
deposited within December 1, 2023.
The learned court below shall dispose of the stay
application within three months from the next date fixed in
the appeal. In default of payment as directed hereinabove,
the stay application need not be heard and the execution will
proceed.
Accordingly, the revisional application is disposed of.
All the parties are directed to act on the basis of the
server copy of this order.
(Shampa Sarkar, J.)
