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BIBHAS RANJAN DE
Shib Sankar Ghosh – Appellant
Versus
Joyanta Kumar Basu – Respondent
| Table of Content |
|---|
| 1. tenant's eviction history and proceedings (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. arguments for and against stay of execution (Para 10 , 11) |
| 3. conditions for stay orders in tenant eviction cases (Para 13 , 14 , 15) |
| 4. terms of stay and tenant's obligations during appeal (Para 16 , 19) |
| 5. final order and proceedings (Para 18 , 20) |
JUDGMENT :
Bibhas Ranjan De, J.
Re: CAN 1 of 2018
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
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.
Appellate stay of eviction decree allows market rent deposit as reasonable term promptly post-admission; belated application after 13 years when ripe for hearing not maintainable, modifying admission....
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