JUDGMENT :

ARIJIT BANERJEE, J.

In Re: IA No. CAN/4/2022

1. This is an application for modification of an order dated January 7, 2014, passed in this second appeal. By that order, a Coordinate Bench admitted the appeal on the questions of law recorded in the order and further directed “stay of operation of the decree provided the appellant would continue to pay Rs. 50,000/- per month as occupation charges for the suit premises commencing from January, 2013, until further order.” There was also a direction for payment of the arrear amount in 12 equal monthly instalments. We are told that the arrear amount has been paid.

2. The material facts of the case in so far as the same are relevant for the present purpose, are that the respondents/applicants are the owners of land measuring about 31.09 kathas on Hill Cart Road in Siliguri. The predecessor in interest of the first applicant along with other owners of the land entered into a lease agreement Dated March 1, 1962, with one Standard Vacuum Oil Company for a period of 10 years with an option for renewal of the lease for a further period of ten years, in respect of the said land. In 1974, Standard Vacuum Oil Company came to be known as ESS