SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(SC) 343

KURIAN JOSEPH, R.BANUMATHI
Bhagirath Agarwal – Appellant
Versus
Simplex Concrete & Piles (I) Pvt. Ltd. – Respondent


Advocates Appeared:
For the Parties : S.B. Upadhyay, Sr. Adv., Pawan Upadhyay, Mrs. Anish Upadhyay, P. Mishra, Nishan Kumar, Ms. Sharmila Upadhyay, Syed Ali Ahmd, Syed Tanweer Ahmad, S.S. Bandyopadhyay, Mohan Pandey, Ms. Daisy Hannah, Shekhar Kumar, Advs.

JUDGMENT

Kurian, J.

C.A. NOS. 7544-7546/2008

The appellant is aggrieved since he has been denied interest for the arrears of rent vide order dated 22.05.2006 passed by the City Civil Court at Calcutta in the Ejectment Suit No.717 of 1992. To the extent relevant, the order reads as follows:-

"That the petitions filed by the defendant under Section 17(2) and 17(2A) (b) of the West Bengal Premises Tenancy Act are allowed on contest without any cost. The petition filed by the defendant for abatement of rent is dismissed on contest. The defendant is a defaulter in payment of rent since November, 1990 @ Rs. 19,000/- per month. Thus the total defaulting period is 186 months i.e. since November, 1990 to April, 2006. Thus the total amount of rent payable by the defendant is Rs. 19,000/- x 186 = Rs. 35,34,000/-. From the submission of the ld. Lawyer it is available that the defendant already paid Rs. 5 lakhs as per order of the Hon'ble Court. So the due amount is Rs. 35,34,000/- - Rs. 6,00,000/- = Rs. 29,34,000/-. The defendant is directed to pay the above said arrear rents by ten monthly installments @ Rs. 3,00,000/- per installment along with current rent. The last installment will be Rs. 2,34









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top