IN RE, MESSRS G.K. SPORTS Vs. STATE

JUDGEMENT

(1.) This is an application as filed by the landlord petitioner/respondent praying for occupational charges in respect of premises No.196A, Harish Mukherjee Road, Kolkata-25 measuring about 1 katha 5 Chattak which is a three storied building having enjoyable area of 2700 sq. ft. more or less. It is the admitted position that at present the opposite party/tenant is depositing the contractual rent before the learned trial court as per order of this Court. Now this prayer has been made for occupational charges as I have stated earlier. It is further case of the petitioner that the building was let out as back as on 01.12.1944 at a monthly rent of rupees fifty per month and that was subsequently enhanced to Rs.250.00 since 1994. It is further case of the petitioner that the present opposite party lost legal battle in both the courts below. It is also the case of the petitioner that the suit property has been kept vacant and under lock and key under a contractor.

(2.) The history goes like this that RC Case No.69 of 2006 was filed by the present petitioner/plaintiff for eviction and recovery of Khas possession under the provision of West Bengal Premises Tenancy Act, 1997. That suit was decreed on contest against the appellant/the opposite party on 31st Jan., 2008. And ejectment appeal No.47 of 2010 (renumbered as ejectment appeal No.47 of 2014) was filed by the appellant and that was also dismissed on contest and as such the decree of the trial court was affirmed. The second appeal was admitted by this Court as per order dated 02.02.2016. It is further case of the petitioner that at his instance one valuer was appointed to assess the valuation of the property and also to assess the current market rent of the suit property. That company being M/s. Talbot and Co. submitted a report which is Annexure-R-3 which shows that as per opinion of that company the market rental value in different years should be as follows:-1) From 01.02.2008 to 31.01.2012 Rs.39,400 per month i.e. @ Rs.14.60 per sq.ft. per month 2) From 01.02.2012 to 31.07.2014 Rs.56,000 per month i.e. @ Rs.20.80 per sq.ft. per month 3) From 01.08.2014 Rs.72,100 per month i.e. @ Rs.26.70 per sq.ft. per month till the report was filed on.

(3.) It is also the case of the petitioner that the appellant is still enjoying the property because of interim order of stay without paying any occupational charges, municipal taxes etc. It is further claim of the petitioner that the petitioner is entitled to get the occupational charges from 31.01.2008 when the trial court decree was passed rendering the possession of the appellant as that of trespasser.