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Calcutta High Court
Radhika Kejriwal vs Shyam Sundar Modi And Ors on 16 February, 2026
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-2 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
GA/4/2026
IN
CS/68/2025
RADHIKA KEJRIWAL
VS
SHYAM SUNDAR MODI AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 16th February, 2026.
APPEARANCE:
Mr. Rajeev Kumar Jain, Adv.
Mr. Kunal Shaw, Adv.
Ms. Yamini Mahawar, Adv.
For plaintiff
Mr. M.S. Tiwari, Adv.
Ms. Soumili Paul, Adv.
For defendants
Mr. Arindam Chandra, Adv.
Mr. Atish Ghosh, Adv.
Ms. Neha Gupta, Adv.
For Indus Towers Pvt. Ltd.
THE COURT: On behalf of Indus Towers Private Limited ( in short Indus),
it is submitted by Mr. Arindam Chandra, learned advocate that his client is
agreeable to split the monthly rent into four equal shares and directly remit
1/4th thereof to the plaintiff. An electronic mail dated 13 th February, 2026 is
placed before the Court with copies to the plaintiff and the defendants by
Indus. It appears from the said break up that the monthly rent between
August 2023 and March 2024 was Rs. 24,840/-. This amount has increased in
terms of the agreement to Rs.28,566/- on and from April 2024.
It is the case of Indus that they have paid the rent up to July 2023 at the
applicable rate from time to time by crediting the dedicated account. The
arrears are on and from August 2023. The total computation made for 31
months for which the rent outstanding is Rs.8,55,738/-. The 1/4 th share of the
present rent of Rs.8,55,738/- as per the computation comes to Rs.2,13,934.50.
On behalf of the plaintiff, it is submitted that the father died on 12 th
April, 2024. The mother of the plaintiff and the defendants died on 1 st August,
2019. The monthly rent, according to the plaintiff, was collected by the mother
during her lifetime. The father collected the rent after the demise of the mother
on 1st August, 2019. The plaintiff, therefore, say that any share in the amount
of rent collected between 1st August, 2019 till the death of her father on 12 th
April, 2024 had not been given to the plaintiff. After the death of the father no
share of rent has been paid to the plaintiff.
On behalf of defendants, it is submitted that till the father was alive, the
father was on the helm of affairs and had collected the rent. The defendants,
therefore, cannot be saddled with any liability on account of any rent paid after
1st August, 2019 and 12th April, 2024. The plaintiff cannot reopen this issue.
Be that as it may, for the time being, the arrears of 31 months
aggregating to Rs.8,55,738/- is directed to be divided into four equal shares.
The 1/4th share of the said sum of Rs.8,55,738/- being Rs.2,13,934.50/- shall
be directly paid by Indus to the plaintiff by 10 th March, 2026. On that date the
Indus shall also pay to the plaintiff a sum of Rs.7,141.50 on account of the
1/4th share of rent for the month of March 2026. Indus shall till its tenancy
continues go on paying rent 1/4th share of the applicable monthly rent directly
to the plaintiff.
So far as the payments to the defendants are concerned, if the
defendants approach the Indus with requisite documents as necessary, Indus
may release 3/4th share of the arrears of 31 months as stated hereinabove as
also 3/4th share of the monthly rent payable from time to time to the
defendants.
All payments to be made by Indus on account of arrears of current rent
shall be after deduction of TDS. The TDS amount deducted on account of the
plaintiff shall be duly credited in her income-tax assessment record by Indus.
Let this matter appear in the list on 12 th March, 2026.
(ARINDAM MUKHERJEE, J.)
Sb/
