Devraj Agarwal v. Shiv Shankar Goyal

25.09.2025 Court No.25 Sl. No.60 Mujahid CO 1855 of 2022 Sri Devraj Agarwal Vs.

Sri Shiv Shankar Goyal Mr. Pratyush Patwari, ...for the petitioner Mr. Somnath Roy Chowdhury, Mr. Vijay Verma ...for the opposite party 1.

Present petition has been filed challenging the order dated 18th April, 2022 passed by the learned Additional District Judge, F.T.C.-I, Howrah.

2.

The petitioner is aggrieved of the order passed by the learned first appellate court that the conditional stay was granted on the operation of the eviction dated 17th March, 2022 passed in Title Suit No.1236 of 2017 subject to payment of meager provisional occupation charges, at the rate at which rent was being paid by the tenant.

3.

Learned counsel for the petitioner has contended that occupational charges should have been ordered to be paid at the market rent.

4.

During the course of submissions, learned counsel for the petitioner has fairly submitted that petition may be disposed of with a direction to the learned trial court to decide the occupational charges

on the basis of evidence being led by the petitioner/landlord before the learned first appellate court.

5.

Liberty is granted.

6.

Let the contention regarding quantum of occupational charges is kept open. The parties shall be at liberty to raise all the contentions before the learned trial court.

7.

Accordingly, the petition is disposed of with a direction to the learned first appellate court to entertain the application for deciding the occupational charges being filed by the petitioner/landlord. The learned trial court shall decide the matter expeditiously in accordance with the law.

8.

It is made clear that while deciding this, the learned trial court shall take into account all the objections being raised by the opposite party/tenant. 9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

10.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Dinesh Kumar Sharma, J.)