Gouranga Chandra Saha v. Barin Burman & Ors.

What is this about?

First appeals F.A. 5 of 2019 and F.A. 4 of 2019, Gouranga Chandra Saha v. Barin Burman and others; interim order dated 30 June 2025 on application CAN 2 of 2025 seeking withdrawal of occupation charges deposited under an interim order passed in connection with the appeals. Background: the appellant's permanent injunction suit (pleading tenancy and that the respondents were not his landlords) was dismissed, while the respondents' eviction suit was decreed; on appeal, this court allowed both appeals, dismissing the eviction suit and decreeing the injunction suit. Rival contentions on the deposit: appellant — the respondents, not being landlords, were not entitled to occupation charges even during the pendency of the appeal; respondents — the charges were granted as a condition of the stay and the premises were actually enjoyed by the appellant, so no question of permitting withdrawal arises. By this order the court took no decision on the merits: respondents were directed to file affidavit-in-opposition within a fortnight and reply within a week thereafter, and the application was listed for hearing on 23 July 2025. No statute or precedent discussed; no quantum of the occupation charges stated. Bench: Sabyasachi Bhattacharyya and Uday Kumar, JJ. Keywords: occupation charges; withdrawal of deposited amount; condition of stay; landlord and tenant; eviction suit; permanent injunction.