DEVELOPMENT CONSULTANTS LTD Vs. MAYANK PODDAR

JUDGEMENT

(1.) This appeal is at the instance of a defendant in a suit for eviction and other consequential relief and is directed against order dated June 5, 2006 passed by a learned Single Judge of this Court by which an application filed by the plaintiff/respondent under Order 12 Rule 6 of the Code of Civil Procedure was allowed and consequently, a money decree was passed on admission against the appellant to the extent of Rs. 51,13,633.23p. payable by six equal monthly instalments commencing from June 30, 2006, His lordship further made it clear that upon payment of the first instalment the plaintiff would produce necessary receipts from the municipal authority with regard to the payment of the said sum to the municipal authority as well as the earlier sum of Rs. 34.64 lakh paid by the appellant.

(2.) The respondent filed a suit claiming eviction of the appellant on the ground that the lease earlier executed between the parties had expired by efflux of time. During the pendency of the suit the appellant, however, vacated the premises in favour of the landlord. There was outstanding amount of municipal rates and taxes and for the above reason, the respondent, claiming a decree of recovery of the amount payable by the defendant towards the corporation tax, was proceeding with suit.

(3.) It may not be out of place to mention here that in the past, the respondent filed a similar application under Order 12 Rule 6 of the Code thereby praying for a decree on admission regarding payment of the self- same municipal rates and taxes. The said application, however, was, dismissed by one of us (Bhattacharya, J.) on the ground that there had been no final assessment of the amount by the municipal authority and as such, the jurisdiction of the Court under Order 12 Rule 6 of Code should not be invoked.