BIRENDRA KUMAR GANGULY Vs. SMT. SUPROVA DUTTA

JUDGEMENT

(1.) We have heard learned counsel for the parties. After hearing the submissions made by learned counsel appearing on behalf of the parties and after considering the facts and circumstances of this case, we are inclined to pass the following order which counsel for the parties consider to be just and reasonable. In that view of the matter, it does not really become necessary for us to set out the facts and circumstances of this particular case or to adjudicate upon the correctness or otherwise of the judgment which is under appeal. We therefore, pass the following order : The decree for ejectment passed on the 16th Aug., 1972 and I affirmed by the High Court by its order dated 4th June, 1980 against the appellant is set aside. The appellant will continue to remain as a tenant under the respondent. He will pay an enhanced amount of rent at the rate of Rs. 250.00 per month from the month of Sept., 1984. If the amount of rent for the month of Sept. 1984 has already been paid at the previous rate, the difference will be paid by the appellant to the respondent at the time when he will pay the rent for the month of Oct., 1984. The parties agree that this amount of rent is a fair rent and accordingly we fix the amount of the rent at the rate of Rs. 250.00 per month as the fair rent of the premises in occupation of the appellant.

(2.) The appellant will also pay a sum of Rs. 2500.00 as costs in respect of the entire proceedings including this appeal. The amount of costs will be paid to the respondent within two months from today. If in case the respondent does not accept the amount, the appellant will be entitled to send the amount by a Bank draft drawn in favour of the respondent in a Calcutta hank by registered post. We, however, hope that the respondent will accept the draft in view of the order passed by us. In default of payment of the said sum of Rs. 2500.00 within the said period, the said amount will carry interest at the rate of 6 per cent from today.

(3.) If any amount has already been deposited by the appellant, the respondent will be at liberty to withdraw the same. Arrears, if any, shall be paid by the appellant to the respondent at the time when the appellants pays rent to the respondent for the month of Oct., 1984. If the arrears are not paid within the stipulated time, there will he a decree for the amount due on account of arrears and the decree shall become executable immediately after the time for payment of rent for the month of Oct. expires. This order is made without prejudice to the rights and contention of the parties.