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Calcutta High Court
Bahubali Estates Limited vs Sewnarayan Khubchand And Ors on 10 December, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD-4
In the High Court at Calcutta
Commercial Division
Original Side
IA No. GA-COM/7/2025
CS-COM/708/2024
BAHUBALI ESTATES LIMITED.
VS
SEWNARAYAN KHUBCHAND AND ORS.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : 10th December, 2025.
APPEARANCE:
Mr. Sakya Sen, Sr., Adv.
Mr. Biswajib Ghosh, Adv.
Mr. Sudhasatva Banerjee, Adv.
Mr. Avirup Chatterjee, Adv.
Mr. Rishov Das, Adv.
For the plaintiff.
Mr. Rajarshi Dutta, Adv.
Mr. Sarbesh Chowdhury, Adv.
Mr. Avijit Dey, Adv.
For the defendants.
The Court:- This is an interlocutory application
moved by the defendants/tenants in an eviction suit along
with other consequential reliefs prayed for by the
plaintiff/landlord.
The inescapable facts are only stated. The landlord of the
premises had previously filed a suit for eviction against the
defendants before the learned City Civil Court. However, on
the ground of lacking of title that City Civil Court suit was
2
dismissed. Arising out of the said City Civil Court suit an
appeal was preferred before the Hon'ble Division Bench being
FAT/476/2019 in which a detailed judgment had been passed
by the Hon'ble Division Bench on June 25, 2021, Annexure C
at page 75 to the petition.
Mr. Rajarshi Dutta, learned Advocate appearing for the
defendants/tenants submits that the said Division Bench order
clearly directed the defendants to pay rent @ Rs.4250/- per
month along with occupational charges mentioned therein and
the necessary deposit was made in terms of the said Division
Bench's direction. Therefore, in the present suit the defendants
claim that at this interim stage, the Court should not take any
other view in so far as the quantum of rent is concerned as
mentioned by the Hon'ble Division Bench.
Mr. Sakya Sen, learned senior Advocate appearing for
the plaintiff/landlord submits that after the title of the
plaintiff had been established, the instant eviction suit has
been filed.
On the strength of the notice on which the instant
eviction suit has been filed spells out that there has been an
alleged default in paying rent by the defendants/tenants since
the month of April, 2022 and the last rent paid was Rs.4250/-
per month as on March, 2022.
After considering the rival contentions of the parties and
upon perusal of the materials on record, this Court is of the
CS-COM/708/2024
AR,J
3
view that the previous suit filed at City Civil Court having
been dismissed, the same will have no effect on the present
application, at least at this ad-interim stage. The total amount
paid and the adjustment being claimed by the defendants
cannot be decided at this ad-interim stage.
Accordingly, the defendants-tenants shall deposit the
alleged unpaid rent since April, 2022 @ Rs.4250/- per month
with the learned Registrar, Original Side till December 31,
2025 and thereafter shall go on depositing the current rent at
the said rate quarterly in every year with the learned Registrar,
Original Side.
Such payment shall be deposited by the
defendants/tenants without prejudice to their rights and
contentions and also without prejudice to the rights and
contentions of the plaintiff/landlord.
The deposit of the arrear as directed above till December
31, 2025 shall be made positively within two weeks from date.
Learned Registrar, Original Side then shall keep the said
amount in an interest bearing Fixed Deposit account bearing
highest rate of interest in any Nationalized Bank of his choice
and shall keep on depositing the subsequent current rents to
be deposited by the defendants in interest bearing Fixed
Deposit account in the same manner with the same Branch.
It is made clear that this order shall not create any equity
or right in favour of either of the parties to the suit.
CS-COM/708/2024
AR,J
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The Respondents shall file affidavit-in-opposition by
January 15, 2026. Affidavit-in-reply, if any, thereto shall be
filed by January 30, 2026.
The matter shall appear under the heading 'Adjourned
Motion' in the monthly list of February, 2026.
(ANIRUDDHA ROY, J.)
dg/
CS-COM/708/2024
AR,J
