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2017 Supreme(Cal) 575

JYOTIRMAY BHATTACHARYA, ASHA ARORA
K. K. Saha & Co. Pvt. Ltd. – Appellant
Versus
Ashok Agarwal – Respondent


Advocates Appeared:
For the Petitioner: Shuvashis Sengupta, Arunima Lala Sengupta, Balarko Sen, Subhra Das
For the Opposite Parties : Purnasish Gupta, Jayanta Kumar Mukhopadhyay

JUDGMENT :

1. The defendant/opposite party is a tenant in respect of a godown alongwith an office and a staff quarter admeasuring 5000 sq. ft., at premises no. 14, Kartick Chandra Dutta Road, Ramkrishnapur, Howrah, at a monthly rental of Rs.18,000/- payable according to English Calendar month.

2. The tenancy of the said defendant was terminated by the plaintiff/petitioner by issuing a notice dated 29th July, 2015 under Section 106 of the Transfer of Property Act. Since the defendant did not hand over the vacant possession thereof to the plaintiff after expiry of the notice period, the plaintiff filed a suit for eviction of the defendant. In the said suit he has also prayed for recovery of arrear rent and also for mesne profit till recovery of possession of the suit premises. Several other incidental reliefs have also been claimed by the plaintiff in the said suit. Immediately after filing the said suit, an application was taken out by the plaintiff/petitioner under Section 151 of the Code of Civil Procedure, interalia, praying for issuance of a direction upon the defendant to pay an amount of Rs.2,00,000/- per month as occupational charges in respect of the suit premises on and from




































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