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ARIJIT BANERJEE, APURBA SINHA RAY
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Shoma Roy Sarkar Banerjee – Respondent
| Table of Content |
|---|
| 1. overview of the lease agreement and eviction suit against the appellant. (Para 2 , 3 , 4) |
| 2. details on valuation of the land by government approved valuers. (Para 5 , 6) |
| 3. determination of the reasonable occupational charge by the court. (Para 12 , 14) |
| 4. conclusion modifying the order for monthly occupational charge. (Para 15 , 16) |
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 predecess
Appellate courts have the authority to set reasonable terms for occupational charges during stays on eviction orders, considering current market values.
Appellate courts have discretion in awarding stay conditions but cannot modify final orders unless new substantial evidence justifies such action; past decisions are binding under the principle of re....
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....
The main legal point established in the judgment is the discretionary power of the court to determine the quantum of occupational charge based on the nature, location, and value of the property, and ....
The main legal point established in the judgment is that the court has the jurisdiction to direct payment of admitted rent or usage charges during the pendency of a suit, and the landlord is entitled....
Tenant cannot claim himself/herself to be tenant qua the premises in question after passing of eviction order and courts after passing of eviction order can always put the tenant of premises to terms....
Occupants in eviction suits are obligated to pay occupation charges during the pendency of the suit, and courts must provide reasoned orders on such applications.
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 tenant must compensate the landlords for the loss occasioned by the stay granted by the Court on the execution of the eviction order, and the best indicator for fixing the compensation payable by....
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