C.O. 4316 of 2024 Miss Monika Dutta & Ors. - Vs – Sri Subhash Ghosh + C.O. 4456 of 2024 07.08.2026 Sri Subhash Ghosh Sl no. 19 - Vs - Ct no. 2 Miss Monika Dutta & Ors. P.M. (Via Video Conference) Mr. Tapan Kr. Bhattacharya, Mr. Avirup Bhattacharya, Ms. Suprova Sarkar ... for the petitioner Mr. Debdatta Saha Mr. Diprav Deb ... for the petitioner in C.O. 4456 of 2024 1. The court proposes to dispose of the petitions being C.O. 4316 of 2024 and C.O. 4456 of 2024. 2. The facts in brief that petitioner/landlord Sri Subhash Ghosh in C.O. No. 4456 of 2024 filed an Ejectment suit No. 9 of 2017 against the petitioner Monika Dutta and Others in C.O. No. 4316 of 2024. In the said ejectment suit the eviction order was passed. 3. Aggrieved of this the petitioner Monika Dutta and others filed an ejectment appeal No. 22 of 2024. At the same time petitioner/landlord Subhash Ghosh also filed an execution Case bearing No. 3 of 2024. 4. In the appellate court, the tenant prayed for the stay of the proceedings in the execution case and the landlord prayed for the determination of the occupational charges. 5. The tenanted premises consist of one room and kitchen on the ground floor of premises No. 70C Garpar Road, P.S. Narkeldanga, Kolkata with the facility of common bath and privy. 6. The appellate court took into account the rental agreement filed by the landlord in respect of two rooms with separate bath and privy and kitchen on the ground floor of the same premises executed in November, 2023 as well the documents filed by the landlord. 7. The learned appellate court taking into account the facts and circumstances of this case fixed the occupational charges at the rate of Rs. 3,000/- per month. The tenant was directed to deposit the sum of Rs. 3,000/- per month from December, 2024 onwards and further directed that arrears of occupational charges be paid by February, 2025. 8. Learned appellate court also stayed the proceedings with a condition that the tenant shall pay or deposit the occupational charges as 2 directed and in case of two consecutive defaults, stay shall stand vacated. 9. Learned counsel for the petitioner/landlord has submitted that the tenant has not deposited the occupational charges in terms of the order of the appellate court which led to the vacation of the stay. 10. Learned counsel for the petitioner/landlord states that an appropriate direction is required to be given to the learned appellate court for expeditious hearing of the appeal. 11. Per contra learned counsel for the petitioner/tenant submits that the monthly rent of the premises in dispute was Rs. 500 per month and taking into account the rent of identical premises in the similar property, there was no occasion to increase the occupational charges. 12. The Court has considered the submissions. The appellate court in the impugned order has specifically stated that the occupational charges are to be decided finally at the time of the disposal of the appeal. The occupational charges, in case of dispute, has to be decided taking into account the various factors i.e. the rent fetched 3 by the similar properties in the same locality and other factors i.e. the condition of the building and other amenities. 13. It is also a settled proposition that the tenant cannot be allowed to use the premises free of cost. This Court and apex court has time and again held that the appropriate directions are required to be issued for the payment of the occupational charges till the final disposal of the proceedings. 14. Reliance may be placed on Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 15. The Court, thus, taking into account the facts and circumstances of this case directs the appellate court to decide the appeal and the occupational charges expeditiously preferably within a period of six months in accordance with law without giving unnecessary adjournment. 16. Learned appellate court may also take evidence of the parties, if required, for determining the occupational charges. 17. In the meanwhile the petitioner/tenant is directed to deposit the occupational charges at the rate of Rs. 2,000/- per month from 4 December, 2024 by the 10th day of each succeeding month and tenant shall also pay the entire arrears within a period of four months. 18. It is to be made clear that this determination of occupational charges is just an ad hoc arrangement and the appellate court shall not be influenced, at all, by the figure directed by this Court. Learned appellate court shall decide occupational charges on the basis of the evidence, if any, led by the parties and materials on record. The execution proceeding shall remain stayed, only if the tenant start making payment at the rate of Rs. 2000/- per month by the 10th day of each month and shall make the entire payment of arrears with effect from December, 2024 within four months. In case the tenant fails to deposit the rent within four months i.e. by 20th December, 2026 the stay shall stand vacated. To make it further clear, the tenant shall pay the rent from the month of August, 2026 by tenth day of each succeeding month and the entire arrears of rent commencing from November, 2024 shall be paid within four months i.e. 20th December, 2026. 5 19. Learned appellate court shall send the compliance report of the disposal of the appeal in the month of January, 2027. 20. With this observations both the petitions stand disposed of. Copy of the order be sent to the learned Trial Court and the learned appellate Court. 21. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.) 6