Sasankar Kundu Vs Sudhirranjan Biswas

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ASR 13. 14.12.2022

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SAT 239 of 2019 With

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CAN 1 of 2019 (old CAN no. 12271 of 2019)

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Sasanka Kundu Vs. Sudhirranjan Biswas

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Mr. Pradyot Kumar Nandi Ms. Anjana Sen Gupta

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……..For the appellant

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Upon hearing learned counsel for the appellant, we find that no substantial question of law is involved in this appeal.

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The defence of the appellant is based on an alleged oral long-term lease. Without registration and stamping such lease is not valid in the eye of law.

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We do not think it fit to admit the appeal.

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However, considering the fairness shown by learned counsel for the appellant that his client would vacate the suit premises within six months from date, we allow him time till 30^th June, 2023 to quit and vacate the premises and hand over its vacant possession to the respondent.

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The judgement and decree of the First Appellant Court was passed on 26^th July, 2018. The rent last paid was Rs. 200/- per month. From August, 2018 or till handing over vacant possession of the premises the appellant shall pay to the respondent occupation

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2

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charges at the rate of Rs. 500/- (rupees five hundred) per month without prejudice to his rights and contentions to claim any additional sum by way of mesne profit or occupation charges.

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The arrear from August, 2018 till December, 2022 may be paid by 31^st March, 2023.

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The current occupation charges from January, 2023 should be paid by the 7^th of each month in advance.

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Execution proceeding against the appellant shall remain stayed till 30^th June, 2023. In default of the appellant vacating the premises by 30^th June, 2023 or in default any condition regarding payment of occupation charges the respondent would be at liberty to execute the decree of the First Appellate Court immediately.

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The appeal and the connected application are disposed of by this judgement and decree.

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( I. P. Mukerji,J.)

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(Biswaroop Chowdhury,J)

Sasankar Kundu v. Sudhirranjan Biswas

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Sasankar Kundu v. Sudhirranjan Biswas

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