AI Structured Summary
Not yet generated for this judgment
Judgment
The defect in this appeal reported by the Stamp Reporter in his report may be ignored in case the appellant applies before the learned First Appellate Court for correction of the decree in the light of the report of the Stamp Reporter and submits the corrected decree before this Court before the appeal matures for hearing.
This appeal will be heard on the following substantial question of law. Whether the learned Courts below were justified in passing a decree for eviction against the defendants/appellants on the ground of expiry of the lease by efflux of time and thus, by treating the suit as a suit under the Transfer of Property Act while the pleadings made out in the plaint indicate that the land with structure was let out to the defendants by the plaintiff and thus, the said tenancy was brought within the purview of West Bengal Premises Tenancy Act, 1956 or not?
Issue usual notices.
Let the lower court records be called for by a special messenger at the cost of the respondent and such cost should be deposited by the respondent within a week from date.
The concerned department will take steps for bringing the lower court records immediately on deposit of such special messenger''s cost. The concerned department is further directed to examine the lower court records immediately on its arrival and serve notice of arrival of lower court records upon the learned advocate-on-record of the respondent immediately after the records are examined and found complete.
The respondent is directed to prepare and file requisite number of informal paper books in the concerned department within eight weeks from the date of service of notice of arrival of the records on the learned advocate for the respondent.
Let it be recorded that a copy of the memorandum of appeal has been given to the learned advocate-on-record of the respondent in Court today.
Since the respondent has already entered appearance in this appeal through his learned advocate, service of notice of appeal upon the respondent is dispensed with.
The appeal is thus, treated as ready as regards service.
The vakalatnama which was filed by the plaintiff/respondent along with caveat, be treated as a vakalatnama filed in the appeal. Re: CAN 8679 of 2017
The application for stay being CAN No. 8679 of 2017 is taken on board after treating the same as on day''s list.
After hearing the learned counsel appearing for the parties, we dispose of this application by staying all further proceedings of Title Execution Case No. 16 of 2016 pending before the Court of the learned 2nd Civil Judge, Senior Division at Howrah till the disposal of this appeal subject to compliance of the following conditions:- 1. All arrear occupational charges of the suit premises upto the month of December, 2017, if any, will have to be deposited by the defendants/appellants in the Executing Court at the last paid contractual rate by the end of January, 2018.
The defendants/appellants will have to deposit the occupational charges of the suit premises for the current months commencing from January, 2018 at the rate of Rs.50,000/- (Rupees Fifty thousand only) per month till the disposal of the appeal.
First of such deposit will be made in the Executing Court within 7th February, 2018 and for the subsequent months within 7th of each following month.
In default of compliance of any of the conditions as mentioned above, interim stay as granted above, will stand vacated and in that event the learned Executing Court will be free to proceed with the execution case in accordance with law.
In case such deposits are made, the plaintiff/respondent will be at liberty to withdraw such deposited amount by submitting an undertaking before the learned Executing Court that in case the plaintiff/respondent fails to succeed in this appeal, the money which will be so withdrawn will be refunded to the defendants/appellants.
The application is, thus, disposed of.