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01.08.2025 Court No.6 BP C.O. 4190 of 2024 With CAN 1 of 2025 CAN 2 of 2025 Gopa Dutta -versus-

Partha Sarathi Sengupta & Ors.

With C.O. 4356 of 2024 Smt. Nandini Chanda & Anr.

Vs.

Smt. Gopa Dutta & Ors.

Ms. Jhuma Sen Ms. Swastika Chatterjee … for the petitioners in C.O. 4190 of 2024 Mr. Rajdeep Bhattacharya ..for the opposite parties in C.O. 4190 of 2024 and the petitioners in C.O. 4356 of

2024 The order dated September 10, 2024 passed by the learned Additional District Judge, 14^th Court, Alipore, South 24 Parganas in Title Appeal No. 01 of 2024 is under challenge at the instance of the appellant as well as the respondent in Title Appeal No.1 of 2024. C.O. 4190 of 2024 is at the instance of the appellant and C.O. 4356 of 2024 is at the instance of the respondent in the said appeal.

The appellant who is the defendant in the suit for eviction has challenged the aforesaid order on the ground that he is not liable to pay occupational charges considering the fact that the parties are closely related with each other.

The learned advocate appearing for the petitioner in C.O. 4190 of 2024 submits that the rate of occupational charges fixed by the learned Judge of the 1^st appellate court