DEB NARAYAN BANERJEE Vs. GITA MUKHERJEE & ORS.

JUDGEMENT

(1.) This revisional application is directed against order no. 60 dated 16th January, 2015 passed by the learned Additional District Judge, 13th Court at Alipore in Title Appeal No. 231 of 2009, by which an application for reconsideration relating to the occupational charges is disposed of, directing the judgment debtors/appellants to deposit a sum of Rs. 7,500/- (rupees seven thousand five hundred) per month towards the occupational charges as condition for stay of the execution proceeding till the disposal of the appeal.

(2.) The plaintiff/petitioner filed a suit for eviction of monthly tenant, inter alia, on the ground of default, subletting and reasonable requirement envisaged under the West Bengal Premises Tenancy Act, 1956. The said suit stood decreed on the ground of reasonable requirement as the judgment debtors/opposite parties failed to prove that the judgment debtors/opposite parties have subleted the premises to a third party without consent of the decree holder/petitioner in writing.

(3.) Amidst the pendency of an appeal before the Appellate Court, an application for stay of the execution proceeding was taken out, which came to be disposed of directing the judgment debtors/opposite parties to pay the occupational charges at the rate of Rs. 500/- per month. The said order was assailed before this Court and was set aside. This Court remanded the matter to the Court of Appeal below for fresh consideration.