Kabita Biswas And ORS v. Sadhan Dashgupta

sandip Ct. 19 27.06.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 2242 of 2024 Smt. Kabita Biswas & Ors.

Vs.

Sri Sadhan Dashgupta, the sebait of Sri Sri Dakhineswar Thakurbari Mr. Prantick Ghosh ... For the petitioners. Mr. Tarak Nath Halder ... For the opposite party. The petitioners have suffered a decree of eviction passed in Ejectment Suit No. 109 of 2014 (Old No. Ejectment Suit No. 94 of 2012) by the Additional Court of learned Civil Judge, (Junior Division), at Sealdah, District - 24 Parganas (South). The petitioner being aggrieved by the said decree have preferred the connected Ejectment Appeal No. 12 of 2024. The appeal Court below by the order impugned dated June 05, 2024 has fixed the occupational charges @ Rs. 10,000/- per month as the condition to stay of the execution case levied to execute the decree under challenge in the said appeal. The suit property is comprised of two rooms and used for commercial purpose, which is situated at Ultadanga a prima location in Kolkata as such the occupational charges so fixed cannot said to be excessive or unjust.

The order impugned does not call for any interference. C.O. 2242 of 2024 therefore is dismissed without any order as to costs.

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

(Biswajit Basu, J.)