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Judgment
This is an application arising out of the appeal preferred at the instance of the tenants with a prayer for staying the operation of the judgment and decree dated December 23, 2016 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in Ejectment Suit/Case No. 8 of 2007.
Having heard the learned Advocate appearing on behalf of the respective parties and also considering the facts and circumstances involved in this matter, we find that the area which is in possession of the appellants, which is about 20000 sq. ft. is lying and situated at Grant Street.
Taking into consideration the rents of the properties lying in that area and the conditions of the premises in question, we are of the opinion that payment of a sum of Rs.1,00,000/- (Rupees one lakh only) per month to the respondents shall be reasonable subject to filing of an affidavit by the respondents in the name of "Kumar Pramatha Nath Roy Public Charitable Trust".
Therefore, this application is disposed of in terms of the following directions: (i) With effect from the date of decree, i.e., from December 23, 2016 passed by the learned Court below, the appellants shall pay to the respondents/landlords, an amount of Rs.1,00,000/- per month.
(ii) The respondents shall file an undertaking on affidavit, making a statement that the amount recovered by the respondents in terms of this order shall be refunded or remain available for adjustment in terms of any directions which this Court may make at the end. If any amount becomes liable to be refunded consistently with the decision of this Court in the appeal, the respondents shall refund the same, within the time appointed by the Court for the purpose and the amount shall remain a charge on the suit property.
(iii)Non-compliance with any of the terms stated hereinabove shall result in the order of stay passed by this Court being vacated and the respondents shall be free to execute the decree and recover possession from the appellants. Similarly, non-compliance by the respondents with condition (ii) stated hereinabove would disentitle them to receive the amount and the amount liable to be paid by the appellants shall be deposited in the Court and invested in fixed deposit from time to time.
(iv)The appellants shall not induct any subtenants in respect of the suit property during the pendency of this appeal.
In Re: F.A.T. No. 98 of 2017
This appeal will be heard.
Issue usual notice.
Call for the records.
The lower court''s record be called for by special messenger at the cost of the appellants. Such cost should be deposited within a week from date.
The concerned department will take steps for bringing the lower court''s record immediately on deposit of such special messenger''s cost. The concerned department is further directed to examine the lower court''s record immediately on receipt of the same from the Court below.
The concerned department is directed to serve a notice of arrival of lower court''s record upon the learned advocate-on-record of the appellants immediately after the record is examined and found complete.
The appellants are also directed to prepare and file the requisite number of informal paper books within three weeks from date in the concerned department. All formalities regarding preparation of paper books are dispensed with.
Since the defendants/respondents have already entered appearance in this appeal through their learned advocate, service of notice of appeal upon the defendants/respondents is dispensed with. The appeal, thus, be treated ready as regards service.
The appellants are further directed to serve a copy of the said paper book upon the respondents/opposite parties and/or their learned advocate-on-record of the respondents immediately thereafter.
Liberty is given to the learned advocate for the parties to mention the matter for early hearing of this appeal after the appeal is made ready for hearing.