Calcutta High Court (Appellete Side)
Md. Nasir Ahmed vs Munsi Md. Ali Akbar on 10 October, 2023
10.10.2023
Item No.24
gd/ssd
CO 3167 OF 2023
MD. NASIR AHMED
VS
MUNSI MD. ALI AKBAR
Mr. Abhijit Roy,
Md. Salahuddin
..for the Petitioner.
Mr. Krishna Das Poddar
..for the O.P.
The order dated 25th August, 2023 passed by
the learned Chief Judge, City Civil Court at Calcutta
in Title Appeal No.55 of 2023 is under challenge at
the instance of the defendant in a suit for eviction
under the provisions of West Bengal Premises
Tenancy Act, 1997. The eviction suit was decreed on
April 19, 2023.
The petitioner preferred an appeal being Title
Appeal No.55 of 2023. In connection with the said
title appeal, the petitioner filed an application for
stay of operation of the judgment and decree passed
by the learned Trial Judge.
The learned court of appeal below, by the
order impugned, while passing an order of stay of
operation of the judgment and decree passed by the
learned trial judge and directed the appellant to pay
occupation charge at the rate of Rs.30,000/- per
month with effect from the date of the passing of the
decree by the learned trial judge.
Mr. Roy, learned Advocate appearing for the
petitioner submits that the occupation charge fixed
by the learned Court of Appeal below is without any
basis. He further submits that the same is an
exorbitant one.
The learned Advocate appearing for the O.P.
submits that the petitioner is exploiting the decretal
property for commercial purpose and, therefore, the
occupation charge fixed by the learned Court of
Appeal below is perfectly justified.
It appears from the materials on record that
the learned Court of Appeal below directed a joint
inspection to be conducted by the learned Advocates
of the respective parties.
After going through the materials on record,
this court finds that the learned Court of Appeal
below noted that in the joint inspection report
submitted by the learned Advocates of the respective
parties it was found that the appellant/petitioner
herein is exploiting the suit property for commercial
purpose. It was further recorded in the said report
that the appellant/petitioner herein has constructed
a mezzanine floor.
In view thereof, this court is of the considered
view that the occupation charges of Rs.30,000/-per
month fixed by the learned Court of Appeal below is
perfectly justified.
Accordingly, CO 3167 of 2023 stands disposed
of without, however, any order as to costs.
In the event the petitioner complies with the
direction passed by the learned Court of Appeal
below with regard to the payment of occupation
charges, the learned Court of Appeal below shall
dispose of the appeal as expeditiously as possible but
preferably within a period of six weeks from the date
of compliance of the direction with regard to the
payment of occupation charges without granting any
unnecessary adjournments to either of the parties.
Urgent certified copy of this order, if applied
for, be given to the learned advocates for the parties
on usual formalities.
(HIRANMAY BHATTACHARYYA, J.)
