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IN THE HIGH COURT AT CALCUTTA
SUPRATIM BHATTACHARYA
Debasish Dey (Das) – Appellant
Versus
Rabindra Nath Pal – Respondent
JUDGMENT :
SUPRATIM BHATTACHARYA, J.
1. The present appeal has been preferred by the defendant/tenant being aggrieved by and dissatisfied with the judgment and decree passed by the Ld. Additional District Judge, Fast Track Court 1 Alipore, in Title Appeal No. 233 of 2003 dated 30.06.2006.
2. Factual matrix of the lis is that the plaintiff/landlord filed a Title Suit being T.S. 26 of 1995 seeking eviction of the tenant from a self contained flat consisting of three rooms, one kitchen, one bath-cum-privy and verandah situated in the ground floor of the building being 12-B, Indra Roy Road, PS Bhawanipur, Kolkata-700025.
3. The said title suit has been dismissed by a judgment dated 31.07.2003.
4. In the present appeal an application has been filed being CAN 1 of 2006 (bearing the old No 6410 of 2006) seeking stay of operation of the judgment and decree passed in the title appeal and title execution case no. 12 of 2006. Affidavit-in-opposition has been filed against the said application for stay and affidavit-in-reply has also been filed by the petitioners.
5. Subsequently an application being CAN 2 of 2017 (bearing old No. 7644 of 2017) has been filed on behalf of the landlords seeking occup
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....
In determining the fair market rent/occupational charges for a commercial property subject to a license agreement, the court may consider factors such as the location, extent of built-up area, nature....
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.
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