JUDGMENT

Kesang Doma Bhutia, J. - The tenant/Judgment Debtor has filed an application under article 227 of the Constitution of India, being aggrieved by the order of payment of occupational charge at the rate of rupees of 2,40,000 per month passed by the additional District, Judge, 1st Court, Sealdah in Ejectment appeal no. 2 0f 2021 on 13.08.2021, while granting stay of the operation of Ejectment Execution Case no. 4 of 2021 pending before the Court of additional, Civil Judge (Junior Division) Sealdah.

2. The facts giving rise to the present case in brief is that opposite parties being the owners/land lords brought an Ejectment Suit being no. 107 of 2007 (renumbered as Title Suit No. 5 of 2010) against the petitioner, a partnership firm to whom 1st Floor measuring 2400 sq.ft. space was let out for purpose of residence of one of the partners of the firm at a monthly rent of Rs.1000/- only. The landlords/opposite parties were successful in obtaining a decree of eviction of the tenant on 16.10.2020. The landlord put the decree into execution by filling Ejectment Execution Case No.4 of 2021.

3. On the other hand the tenant preferred an appeal being Ejectment appeal no. 2 of 21 before the