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BIBHAS RANJAN DE
Kunal Krishna Deb – Appellant
Versus
Sajal Chowdhury – Respondent
JUDGMENT :
BIBHAS RANJAN DE, J.
1. The order under challenge was promulgated by the Ld. Additional District Judge, First Tract II, Sealdah, imposing occupational charge of Rs. 50,000/- PER MENSEM.
2. Petitioner/defendant was a tenant in respect of subject premises no. 3, Bhairav Mukherjee Lane, Ultadanga, Kolkata-700004 comprising of 10 rooms 3 kitchens 2 bath and privy, at a monthly rental of Rs. 200/- payable at a English Calendar.
3. Opposite parties/plaintiffs filed one Ejectment Suit No. 323 of 2004 after serving notice to quit and vacate. The said suit was disposed of by the Ld. Civil judge (junior Division) Additional Court, Sealdah, 24 Parganas (South) by recording a judgment on 11.04.2022. Thereby, Learned Civil Judge (Junior Division) recorded and order of eviction against the petitioner/defendant with a direction to vacate the premises. However, failure on the part of the petitioner/defendant to vacate the premises within stipulated time, opposite parties/ plaintiffs filed Execution Case No. 31 of 2022 before the Court of Ld. Civil Judge (Junior Division), Additional Court, Sealdah.
4. Being aggrieved petitioner/defendant preferred an Ejectment Appeal being no. 8 of 2022 agai
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 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 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....
Appellate courts have the authority to set reasonable terms for occupational charges during stays on eviction orders, considering current market values.
The court emphasized the necessity for fresh hearings by the lower court when substantial claims are contested without supporting evidence.
The tenant must compensate the landlord for the loss suffered due to the delay in execution of the eviction order, and the use and occupation charges need not be the same as the contractual rate of r....
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