JUDGMENT :

1. Affidavit-in-opposition filed by the opposite party is taken on record.

2. The revisional application has been filed challenging an order dated April 19, 2023 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat, District North 24 Parganas in Title Suit No.873 of 2018.

3. By the order impugned, the learned court rejected an application under Section 151 of the Code of Civil Procedure filed by the plaintiff on September 25, 2019. By the said application, the plaintiff prayed for a direction upon the defendant to pay occupational charges of Rs.19,000/- per month along with arrears and interest, since September 30, 2013, till the present date.

4. Written objection was filed by the defendant denying such right of the plaintiff to claim occupational charges during pendency of the suit for eviction. The suit is for eviction of a licensee, upon expiry of licence.

5. Mr. Bhattacharya, learned advocate appearing for the petitioner/owner relies on the decision of this court in the matter of Green Band Apartments Private Limited and others vs. The Mint Matrix and others reported in 2021 SCC Online Cal 428 : (2021)2 ICC 269.

6. It is submitted that this court had hel