K.K. SAHA & CO. PVT. LTD. WITH M/S/ SAJ FOOD PRODUCTS PRIVATE LIMITED Vs. ASHOK AGARWAL WITH SRI PRASANTA SEN
LAWS(APH)-2019-1-11
HIGH COURT OF ANDHRA PRADESH
Decided on January 24,2019

K.K. Saha And Co. Pvt. Ltd. With M/S/ Saj Food Products Private Limited Appellant
VERSUS
Ashok Agarwal With Sri Prasanta Sen Respondents

JUDGEMENT

Arindam Sinha, Rajasekhar Mantha,JJ. - (1.)These two petitions under article 227 of the Constitution of India, tagged together, have been assigned to this Bench on a reference, to answer the following question :-
"Whether the Civil Court can direct the tenant to pay the occupational charges, damages, mesne profits during pendency of the eviction proceeding at the prevalent market rate in excess of the contractual rent."

(2.)Learned single Judge dealing with these petitions, by order dated 23rd July, 2018 though found such question was answered by a Division Bench of this Court in K. K. Saha and Co. Pvt. Ltd. vs. Ashok Agarwal reported in (2018) 1 CHN 497 but by reason of one of the petitioners having moved Supreme Court under article 136 of the Constitution of India and obtained order dated 9th February, 2018, was of view said question is open for reference yet again.
(3.)Supreme Court by said order dated 9th February, 2018 said, inter alia, as follows :-
"It is stated by learned counsel for the petitioner that even though if the West Bengal Premises Tenancy Act, 1997 is not applicable the plaintiff may be able to seek the rent/user charges at higher than the applicable rent, the plea that the Act was not applicable not been gone into by the High Court.

The High Court has proceeded on the footing that the said rent Act is applicable without going into the said question.

In these circumstances, we permit the petitioner to move the High Court so that the High Court may now determine whether the said rent Act is applicable and in case the same is not applicable, the High Court may further consider the matter in accordance with law.

We make it clear that we have not expressed any opinion on the merits of the case."

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