SOUMEN GHOSH & ANR. Vs. KAKALI GHOSH

JUDGEMENT

(1.) The decree-holders/respondents in Title Appeal No.6 of 2017 pending before the learned Additional District Judge, Fast Track Court-I at Sealdah, District-24-Parganas (South) has preferred this revisional application being aggrieved by an order dated April 17, 2019. The learned lower appellate court while considering imposition of a condition for payment of occupational charges by the opposite party, having suffered a decree of eviction by judgement and decree dated August 11, 2017 passed by the learned Civil Judge (Junior Division), Additional Court at Sealdah in Title Suit No.30 of 2010, held that such charge was not payable by the opposite party.

(2.) The father of the petitioners filed a title suit against the opposite party for eviction of licensee. The suit was decreed and the counterclaim of the opposite party was dismissed. The petitioners filed Title Execution Case No.6 of 2017. Aggrieved the opposite party filed Title Appeal No.6 of 2017.

(3.) While considering the application for stay, the learned lower appellate court by an order dated May 7, 2018 directed there shall be a stay of the execution case subject to payment of Rs.6,000/- per month on the basis of the prayer made by the petitioners.