The law laid down by the Supreme Court in Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd. (2005) 1 SCC 705 is applicable to the assessment of occupational charges and current rent payable by tenants who continue to occupy the premises after a decree has been passed in favour of the landlord.

Subrata Talukdar, J.

1. In the revisional application being CO. 1993 of 2014 the order passed by the learned 4th Judge, City Civil Court at Calcutta in Title Appeal No. 58 of 2013, being Order No. 14 dated 5th May, 2014 is under challenge. By the said order, the learned Appellate Judge was pleased to consider the application filed by the present petitioners/plaintiffs for a direction upon the present Opposite Parties(O.Ps.)/defendants/tenants to pay to the plaintiffs a sum of Rs. 66,675/- per month towards occupation charges/mesne profit as a condition precedent for the O.Ps./defendants/tenants to continue to enjoy the premises in issue following the decree passed in favour of the plaintiffs.

2. After referring to several judgements of the Hon'ble Apex Court and this Court on the point of occupational charges which a landlord is expected to fetch from a tenant continuing in possession post the decree, the learned Appellate Judge recorded the submission of the present petitioners/plaintiffs that the occupational charges relate to a reasonable amount which is not necessarily equivalent to the contractual rate of rent.

3. However, the learned Appellate Judge had the occasion to peruse the order of this Court dated 3rd of March, 2014 in CO. 131 of 2014 by which this Court had stayed the execution proceeding in Ejectment Suit No. 1739 of 2001 provided the defendants/tenants pay the arrear occupational charges and current rent regularly, in default, the stay will stand vacated.

4. The order of this Court dated 3rd March, 2014 was as follows:--

"On perusal of the said impugned order No. 2 dated 16th September, 2013 passed in Title Appeal No. 58 of 2013 this Court is satisfied that the said order is cryptic and without reasons.

Sri Basu relies upon a Judgement of the Hon'ble Apex Court in the case of Rayat Shikshan Sanstha vs. Suneel Shiva Gaikwad reported in (2010) 15 SCC 539 in which the settled position of law has been reiterated that a Court must record reasons by taking into consideration all relevant factors having regard to the dispute involved.

This Court, therefore, finds the observation of the learned First Appellate Court rejecting the said application in connection with the Title Appeal No. 58 of 2013, being the First Appeal against an Ejectment Suit, Mr. Basu's clients are entitled to ventilate their grievances with regard to facts and law before the First Appellate Court without suffering execution of the decree and provided they pay all arrear occupation charges and the current rent regularly.

In such circumstances, let the execution proceedings of the decree in Ejectment Suit No. 1739 of 2001 be stayed till the disposal of the Title Appeal No. 58 of 2013. The order impugned No. 2 dated 16th September, 2013 passed by the learned Chief Judge of the City Civil Court, Calcutta, is set aside. Mr. Basu's clients shall pay all arrear occupation charges and current rent regularly and, in default, the stay will stand vacated.

Having regard to the fact that the ejectment suit is of the year 2001, the learned First Appellate Court is requested to dispose of Title Appeal No. 58 of 2013 preferably within a period of six months from date subject to its calendar. CO. 131 of 2014 is accordingly allowed."

5. The learned Appellate Court vide order impugned dated 5th May, 2014 was pleased to, inter alia, held that the order of this Court dated 3rd March, 2014 did not specify whether the occupational charges were to be distinct from the current rent. Learned Appellate Court held that there is no direction upon the learned Appellate Court to assess the amount of occupational charges separately from the amount of current rent. In the further opinion of the learned Appellate Court, this Court directed the present O.Ps./tenants/defendants/appellants in Title Appeal No. 58 of 2013 to continue paying current rent month by month which implies that the occupational charges shall be at same rate in relation to current rent. Therefore, the learned