Rajkumar Chaurasia @ Rajkumar Barui and Ors. Vs Surendra Prasad Barui

Challenge is the order dated 12.01.2022 in connection with Title Appeal No. 08 of 2021 passed by the learned Additional District Judge, 1^st Court, Barrackpore, whereby learned Judge stayed the judgment and decree dated 05.04.2021 passed by the learned Civil Judge (Junior Division), Bidhannagar subject to payment of occupational charges equivalent to existing monthly rent of Rs.130/-.

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Learned counsel appearing on behalf of the petitioners has submitted that Title Suit being No.

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360 of 1998 was filed by the plaintiffs/petitioners herein on the ground of default in payment of rent. After trial, the said suit was decreed in favour of petitioners/landlords. Being aggrieved, opposite party preferred an appeal being Title Appeal No. 8 of 2021 challenging the judgment and decree passed by the learned Trial Court.

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It is further submitted that in that appeal opposite party filed an application for stay of the judgment and decree passed by the learned Trial Court. After hearing both sides, learned Judge passed an order directing opposite party/tenant to pay the occupational charges equivalent to monthly rent.

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After careful perusal of the order impugned, I find that learned Judge passed an order of stay of the judgment and decree passed by the learned Trial Judge subject to payment of existing monthly rent only in violation of settled proposition of law. From the order, I find that learned Judge did not make any enquiry to assess occupational charges.

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On this score only, this order is not sustainable in law.

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Accordingly, the order dated 12.01.2022 in connection with Title Appeal No. 08 of 2021 passed by the learned Additional District Judge, 1^st Court, Barrackpore stands set aside.

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Learned Appellate Court is requested to make

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necessary enquiry after giving an opportunity of hearing to the parties to this appeal and to find out the amount of occupational charges subject to valuation prepared by any registered valuer.

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