JUDGMENT

Subhasis Dasgupta, J. - The impugned Order No.14 dated 13.03.2018, passed by Learned Judge, VIII Bench, City Civil Court, Calcutta in Title Suit No.1360 of 2015 granting occupational charges at the rate of Rs.3,000/- per month is subject of challenge in this revisional application.

2. Learned advocate for the petitioner precisely challenged the order granting occupational charges on the ground that the claim to obtain occupational charge in respect of the premises under the possession of petitioner was not maintainable in a case where the petitioner lawfully inherited the tenancy from his father upon his death, and for the refusal to receive the rent by the landlord/opposite party on being lawfully tendered, the rent had already been deposited with the Rent Controller.

3. It was, thus, contended by the learned advocate for the petitioner that the order granting occupational charges was a consequence of exercise of authority most improperly by the learned trial Judge forgetting the nature of the suit, where there was no prayer for eviction of tenant.

4. Per contra, learned advocate for the plaintiff/landlord adverting to a copy of plaint submitted that the pending suit was f