2019 AIR CC 3316 (CAL)

Calcutta High Court

: AIROnline 2019 Cal 631

Hon'ble Judge(s): Bibek Chaudhuri , J

(A) West Bengal Premises Tenancy Act (12 of 1956) , S.17, S.18, S.13— Eviction - Occupational charges - Tenant directed to be evicted by Court is liable to pay occupational charges to landlord from date of passing of original decree and not from date of order in appeal. AIR 2011 SC 1940, Rel. on. (Para 19) (B) West Bengal Premises Tenancy Act (12 of 1956) , S.17, S.18, S.13— Civil P.C. (5 of 1908) , O.41 R.5— Eviction decree - Stay of execution - Occupational charges - Quantum - Tenant directed to be evicted by Trial Court, requires to compensate landlord from date of passing of decree at prevalent market rate of rent in locality - Order directing tenant to pay occupational charges enhanced by 33 times of contractual rate of rent from date of passing of decree, proper. AIR 2010 SC 722, Rel. on. (Para 21) .....