Gouranga Chandra Saha v. Barin Burman & Ors.
Case brief
What is this about?
Application for withdrawal of occupation charges temporarily deposited by appellant during pendency of appeals relating to eviction and permanent injunction suits. Court directed respondents to file opposition affidavit and adjourned matter.
What the court decided
30th June, 2025 (AK) 03-04
F.A. 5 of 2019 IA No: CAN 2 of 2025 With F.A. 4 of 2019
Gouranga Chandra Saha Vs. Barin Burman and others
Mr. Saumyen Datta Mr. Sudhir Kumar Sadhukhan Ms. Moumita Basak ...for the appellant.
Mr. Sounak Mandal Mr. Anirban Saha Roy
- ...for the respondents.
- The present application has been filed for withdrawal of the occupation charges deposited by the appellant in terms of an interim order passed in connection with the appeal.
- One of the two appeals arose out of a suit by the present appellant for permanent injunction on the ground that the appellant is a tenant in respect of the suit premises, which was dismissed.
- The case of the appellant was that the respondents are not the landlord of the appellant.
- On the other hand, the respondents had also filed a suit for eviction, which was decreed by the impugned judgment and decree, giving rise to the present appeal.
Issues for consideration
2 issues framed by the court
Whether the appellant is entitled to withdraw the occupation charges deposited during the pendency of the appeal.
Whether the landlords were entitled to occupation charges when the appellant's non-landlord status was vindicated.
Parties & counsel
- appellant
Gouranga Chandra Saha
- respondent
Barin Burman
- respondent
others
Coram
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · May
- Registered
- Case no.
- FA/5/2019
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