JUDGMENT :

(Harish Tandon, J.) :

1. The judgment on admission is passed by the Single Bench on 28.7.2022 in CS No. 105 of 2021 directing the delivery of khas possession of the scheduled premises being the subject matter of the suit and for Rs. 10,11,500/- towards occupational charges in respect of the said suit premises.

2. Admittedly, the respondent is the owner of a demarcated portion of the ground floor and the mezzanine floor admeasuring approximately 374 sq. ft. super built up area situated at premises no. 42A, Shakespeare Sarani, Kolkata -700020. The defendant/appellant was inducted as a tenant for commercial purposes at a rent of Rs. 1,40,000/- per month which was subsequently, enhanced to Rs. 1,61,000/- inclusive of the rent and the amenities charges. The lease agreement was entered into by and between the parties wherefrom it appears that a sum of Rs. 7 lakhs was deposited as security deposit. Pursuant to the said agreement and understanding between the parties, the appellant was put into possession by the respondents for using the said premises for commercial purposes and the rent in respect thereof was being paid from time to time until the default was committed on and f