PRATUL SAHA Vs. PURNABRATA DUTTA

JUDGEMENT

(1.) Both the revisions! applications have been heard analogously when the learned Counsels for the respective parties made their submissions. The relevant facts with regard to the two cases are set out as hereunder. Re: CO. No. 2939 of 2008

(2.) The petitioners brought a suit for eviction in the year 1980 against the opposite party in respect of the entire first floor of premises No. 2A, Dover Road, P.S. Ballygunge, Calcutta - 700 019 consisting of three bed rooms, one drawing room, one kitchen, one store, one verandah. The said suit was decreed on contest on 31st January, 2008 upon the finding, inter alia, that the petitioners have proved without any doubt that the petitioners' requirement is bona fide and that the opposite party has been enjoying the property for long 28 years depriving the landlords from using the same which has caused tremendous hardship to the petitioners who have been forced to take shelter in rented accommodation. Challenging such judgement and decree the opposite party filed an appeal on 28.04.08 being Title Appeal No. 110 of 2008 in the Court of the learned District Judge at Alipore and in such appeal the opposite party filed an application for stay of the operation of judgement and decree passed by the learned Trial Court. It appears that the contractual rate of rent was Rs.300/- per month according to English Calendar in respect of the said suit premises. At the hearing of the application for stay, it appears, that submissions were made on behalf of the petitioners that the opposite party should pay a certain amount, after passing of the Trial Court's decree, month by month as a condition precedent to an order of stay. The petitioners had filed a written objection to the said application for stay and prayed inter alia that the opposite party should be directed to pay or, deposit an amount calculated at the rate of Rs. 55/- per sq, ft. for the area of 4164 sq. ft with effect from 31.01.08 (the date of the Trial Court's decree) month by month as a condition precedent to an order of stay. However, from paragraph 6 of the written objection it appears that the upper floor of the said premises occupied by the appellant in Title Appeal No. 110 of 2008 is about 2464 sq. ft. In paragraph 1 of the revisional application also it has been stated that the suit property pertaining to this revisional application is the entire upper floor, namely, the first floor of the said premises consisting of three bed rooms, one drawing room, one kitchen, one store and one verandah admeasuring a building area of about 2464 sq. ft. Therefore, taking the lesser figure into account, the suit property pertaining to the instant revisional, application can be taken to be 2464 sq.ft. for the purpose of disposal of the present revisional application. The learned Lower Appellate Court being the 16th Court of Additional District Judge, Alipore by the impugned order dated 07.07.2008 directed that the judgement and decree passed by the learned Trial Court will be stayed on the condition that the opposite party deposits Rs. 1200/- per month as occupational charges in respect of the suit premises before the learned Trial Court in the name of the petitioners by 15th of each month fill the disposal of the appeal. The petitioners have challenged such order dated 07.07.2008 in the instant revisional application and it has been submitted on behalf of the petitioners that the occupational charges fixed by the learned Lower Appellate Court is extremely low and the said occupational charges as a condition precedent for granting stay should have been very much higher considering the market conditions of the area where the suit property is situated. Re: CO. No. 2940 of 2008

(3.) A similar suit for eviction, as indicated above, was brought by the petitioners against the opposite parties in respect of the suit property being the entire ground floor of premises No. 2A, Dover Road, P.S. Bally gunge, Calcutta - 700 019 consisting of three bed rooms, one drawing room, one kitchen, one store, one garage, servant's quarter etc. The said suit was also decreed on contest on similar observations of the learned Trial Court, as already mentioned above. In this case, the contractual rate of rent was Rs. 250/- per month. The opposite parties preferred an appeal against the judgement and decree passed by the learned Trial Court being Title Appeal No. 111 of 2008 in the Court of the learned District Judge at Alipore and in such appeal the opposite parties filed an application for stay of the operation of judgment and decree passed by the learned Trial Court. The petitioners filed a written objection and also prayed that the opposite parties should be directed to pay or deposit an amount calculated at the rate of Rs. 55/-per sq. ft. for the area of 4164 sq. ft. with effect from 31.01.2008 (the date of the eviction decree) month by month as a condition precedent to an order of stay as prayed for by the opposite parties. The learned Lower Appellate Court being the Court of the learned 16th Additional District Judge, Alipore by the impugned order dated 07.07.2008 directed that the Trial Court's judgment and decree will be stayed on the condition that the opposite parties will deposit Rs. 1200/-per month as occupational charges in respect of the suit premises before the learned Trial Court in the name of the petitioners by the 15th of each month till the disposal of the appeal. The petitioners have challenged such impugned order in the present revisional application taking a similar stand as already indicated above.