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Judgment
In spite of service of notice, the respondents are not represented.
Re: CAN 9791 of 2019
This is an application for condonation of delay. There is a delay of 25 days in filing the memorandum of appeal.
We have gone through the explanation offered in the petition for condonation of delay and we are satisfied with the explanation offered by the appellant for not being able to file the appeal within the statutory period of limitation.
Under such circumstances, the delay of 25 days in filing the appeal is condoned.
CAN 9791 of 2019 stands disposed of.
Re: CAN 1679 of 2019
This is an application for stay of operation of decree dated 8th August, 2018 passed in Title Suit No. 194 of 2016. In a suit for declaration and recovery of khas possession, the learned Judge, 9th Bench, City Civil Court at Calcutta has decreed the suit on the ground that the appellants are not protected as tenants in terms of Section 2(g) of the West Bengal Premises Tenancy Act, 1997.
The learned Counsel for the appellants has submitted that the present landlords have accepted the appellants as tenants and a new tenancy had come into operation. It is brought to our notice that the plaintiffs filed an earlier suit for recovery of possession on the ground of reasonable requirement and default in payment of rent. It was on the basis of such conduct, it is argued that the appellants have been accepted as tenants and, accordingly, a bar under Section 2(g) of the West Bengal Premises Tenancy Act, 1997 could not apply to the appellants.
We find merits in the submission made by the appellants. Under such circumstances, there shall be a stay of operation of the decree dated 8th August, 2018. The title execution proceeding being Title Execution Case No.71 of 2018 shall also remain stayed subject to the appellants depositing a sum of Rs.10,000/- with the Executing Court within 8th November, 2019 and also payment of a sum of Rs.2000/- month by month to the plaintiffs commencing from October, 2019 until the disposal of the stay petition. The occupational charges for the month of October, 2019 shall be paid within 10th of this month and the occupational charges for the succeeding months shall be paid by 10th of each succeeding month.
The Executing Court shall invest the said amount in a suitable fixed deposit account yielding highest return until further orders of this Court.
However, there shall be an unconditional stay of operation of the decree and the execution proceeding till 8th November, 2019, in default, the Executing Court may proceed with the execution proceeding.
Let this stay application along with the appeal be listed on 18th November, 2019.
This order shall immediately be communicated to the respondents/opposites parties and an affidavit-of-service shall be filed on the adjourned date.