The court affirmed that a tenant in possession must pay occupational charges even without an eviction decree being issued, emphasizing that ongoing litigation does not exempt them from financial responsibilities.

Judgment on : 11.09.2025

Arijit Banerjee, J.: -

1. This appeal is directed against an order dated July 22, 2025, passed by the learned Judge, Commercial Court at Alipore in Title Suit 04 of 2023, renumbered as TS (COM) 48 of 2023. The suit has been filed by the respondent herein for eviction of the appellants from the suit property, recovery of possession of the suit property and for mesne profits. The order under challenge was passed on an interlocutory application filed by the plaintiff in the suit under order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 , (in short “the CPC”) read with Section 151 thereof, directing the defendants in the suit being the present appellants, to pay occupational charge in respect of the suit property at the rate of Rs. 18,30,224/- per month. The operative portion of the order under challenge reads as follows:-

“46. Accordingly, this Court appoints Mr. Souvik Ghosh, Ld. Advocate (Mob. No. 9073584107) and Mr. Jayanta Mukherjee (Mob. No. 7980406038) as Joint Receivers in the instant case with the following directions, which are as follows:

i. The respondents are hereby directed to deposit a sum of Rs. 18,30,224/- (Eighteen lakhs thirty thousand two hundred twenty- four) before the Ld. Receivers within 10^th day of per month, through any accepted mode of service, till adjudication of the instant suit. Out of such deposited amount, the petitioner will be entitled to withdraw a sum of Rs.15,00,000/- (Fifteen lakhs) by way of occupancy charges from the Ld. Receivers. The balance amount i.e. 3,30,224/- (Three lakhs thirty thousand two hundred twenty-four) be kept by the Ld. Receivers in a interest bearing account with a nationalized bank and shall be renewed periodically, which will be disbursed subject to the outcome of the per se suit. The aforesaid settlement will be rolled on from the next following month i.e., August, 2025.

ii. Ld. Receivers are hereby directed to open a current bank account so as to initially receive the amount of Rs. 18,30,224/- from the respondents and then to maintain the directive as given in the very preceding paragraph of this Order and file details of such current bank account periodically before this Court till the adjudication of the instant suit. Ld. Receivers are also asked to maintain each and every aspect so as to make the limpid delivery of justice by this Court upon adjudicating the instant suit.

iii. Petitioner is directed to pay a sum of Rs. 25,000/-(Twenty-five thousand) to each of the Ld. Receivers as their initial fees and file a money to that effect on the next date as fixed hereunder. Writ will be issued thereafter.

iv. Ld. Receivers shall have liberty to raise their respective bills periodically as regards their monthly remuneration including all charges and the petitioner herein shall have to pay the same without any undue delay. Both the parties are directed to help the Ld. Receivers to fructify the Order of this Court.

v. If required, Ld. Receivers may have liberty to approach before this Court regarding any further clarification of the instant order.

vi. Petitioner is directed to intimate the Ld. Receivers as regards their appointment. Ld. Receivers are asked to file their written consent before this Court regarding their willingness to be the Receiver in the instant case on or before 28.07.2025.

Facts of the case

2. The relevant and undisputed facts o