MD. ANWAR ALAM KHAN Vs. ZAIBUN NISA

JUDGEMENT

(1.) In the revisional application being C.O. 1993 of 2014 the order passed by the learned 4th Judge, City Civil Court at Calcutta in Title Appeal No. 58 of 2013, being Order No. 14 dated 5th May, 2014 is under challenge. By the said order, the learned Appellate Judge was pleased to consider the application filed by the present petitioners/plaintiffs for a direction upon the present Opposite Parties(O.P.s)/defendants/tenants to pay to the plaintiffs a sum of Rs.66,675.00 per month towards occupation charges/mesne profit as a condition precedent for the O.ps/defendants/tenants to continue to enjoy the premises in issue following the decree passed in favour of the plaintiffs.

(2.) After referring to several judgements of the Honourable Apex Court and this Court on the point of occupational charges which a landlord is expected to fetch from a tenant continuing in possession post the decree, the learned Appellate Judge recorded the submission of the present petitioners/plaintiffs that the occupational charges relate to a reasonable amount which is not necessarily equivalent to the contractual rate of rent.

(3.) However, the learned Appellate Judge had the occasion to peruse the order of this Court dated 3rd of March, 2014 in C.O. 131 of 2014 by which this Court had stayed the execution proceeding in Ejectment Suit No. 1739 of 2001 provided the defendants/tenants pay the arrear occupational charges and current rent regularly, in default, the stay will stand vacated.