Court No. 6 (265719) 23.09.2026 (AD 39) (S. Banerjee) CO 3328 of 2026 Jibendu Palit Vs. Saurabh Datta Mr. Abhijit Ray Mr. Santu Nandy …for the petitioner Mr. Souradipta Banerjee Mr. Anirban Saha Ray Mr. Ranojoy Mullick …for the opposite-party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 25 dated July 15, 2026 passed by the learned Judge, 4th Bench, Presidency Small Cause Court at Calcutta in Misc. Case No. 191 of 2025. By the order impugned the learned Judge of the executing court passed an order of stay of all further proceedings of the judgment and decree passed in Ejectment Suit No. 284 of 2023 subject to payment of occupation charges at the rate of Rs. 18,000/- per month. Mr. Ray, learned advocate appearing for the petitioner submits that the suit property is measuring about 200 square feet and it is the case of the petitioner that the current market rate of rent of a similar property in the same locality cannot be more than Rs. 5/- per square feet. However, Mr. Ray, in his 2 usual fairness, submits that the occupation charges of the property in question cannot be more than Rs. 5,000/- per month. Such submission is disputed by Mr. Banerjee, learned advocate appearing for the opposite party. He submits that the suit property is measuring an area of about 500 square feet and is situated at Durga Charan Mitra Street, near Hatibagan market and Sovabazar Metro Station. He submits that the occupation charges of the suit property cannot be less than Rs. 25,000/- per month. Heard the learned advocates for the parties and perused the materials placed. The petitioner in the reply has stated that the suit building is aged about 100 years and consists of two rooms in the ground floor measuring about 200 square feet. No material has been produced by either of the parties before the learned trial judge with regard to their respective claims and counter-claims on the occupation charges. After going through the order impugned this Court finds that the learned trial judge has fixed an amount of Rs. 18,000/- per month as occupation charges without indicating the basis of arriving at such a figure. 3 It is well-settled that a person in occupation of a property after having suffered an eviction decree is liable to pay occupation charges. Considering the fact that the suit property is situated in the heart of the city of Kolkata having a nearby market, metro station and other facilities, this Court is inclined to reduce the occupation charges to some extent. The occupation charges fixed by the learned Judge of the 4th Bench, Presidency Small Causes Court at Calcutta is modified by reducing the same to Rs. 15,000/- per month. The other conditions mentioned in the impugned order shall remain unaltered. With the above observations this civil revision application stands disposed of. The learned Judge of the 4th Bench, Presidency Small Causes Court at Calcutta is requested to dispose of Misc. Case No. 191 of 2025 as expeditiously as possible, preferably within a period of six months from the next date fixed, without granting any unnecessary adjournment to either of the parties. The arrear occupation charges from the date of passing of the judgment and decree in Ejectment Suit No. 284 of 2023 till the end of the month of 4 September, 2026, shall be paid on or before October 13, 2026. The current occupation charges on and from the month of October, 2026 shall be paid on or before the 15th day of each succeeding English Calendar Month. Both the occupation charges, current and arrear, shall be paid to the bank account of the opposite-party and the particulars of the bank account shall be supplied by the learned advocate appearing for the opposite party to the learned advocate appearing for the petitioner by tomorrow (September 24, 2026). In case of any default in payment of arrear as well as current occupation charges, the order of stay shall automatically stand vacated without any further reference to this Court. (Hiranmay Bhattacharyya, J.)