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BIBHAS RANJAN DE
Shib Sankar Ghosh – Appellant
Versus
Joyanta Kumar Basu – Respondent
JUDGMENT :
(Bibhas Ranjan De, J.)
Re: CAN 1 of 2018
1. I am dealing with an application for stay of Execution Case being No.28 of 2016 pending before the learned Civil Judge, (Junior Division) 3rd Court, Sealdah, District North 24 Parganans.
Background in Brief:-
2. Petitioner/appellant was a tenant under the respondent/plaintiff at a monthly rent in respect of a shop room in the buildings owned by the respondent/decree holder at BH-13, Sector 2, Salt Lake City, Kolkata 700064.
3. In the year 2006 respondent/plaintiff initiated a proceeding before Rent Controller Bidhannager for fixation of fare rent which was assessed at Rs.1980/- by the order of the Rent Controller on 26.03.2007. That order of Rent Controller was challenged in appeal before the learned Land Reforms and Tenancy Tribunal in OA(P) No.688 of 2008 wherein the order of the Rent Controller was set aside with a direction to pass reasoned order after hearing.
4. In the meantime respondent/decree holder filed a suit being Ejectment Case No.63 of 2009, for eviction against the appellant/judgement debtor before the Leaned Civil Judge (Junior Division), 3rd Court, Sealdah, North 24 Parganas.
5. Learned Civil Judge passed a decree i
In judicial proceedings involving ejectment under Rent Act, execution orders should be stayed during appeals to prevent serious civil consequences and ensure fair trial.
The court established that occupational charges must be reasonable and based on a fair assessment of the property, especially in cases involving ex-parte decrees.
The legal principle established is that an agreement holder who is the tenant of the property should continue to pay rent, unless there is a specific clause in the sale agreement that exempts the ten....
The main legal point established in the judgment is the application of equitable principles and consideration of prevailing market rates to determine the reasonableness of the occupational charge for....
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