JYOTIRMAY BHATTACHARYA,J. - (1.) The defendant/opposite party is a tenant in respect of a godown along with an office and a staff quarter admeasuring 5000 sq. ft., at premises no. 14, Kartick Chandra Dutta Road, Ramkrishnapur, Howrah, at a monthly rental of Rs. 18,000/- payable according to English Calendar month.
(2.) The tenancy of the said defendant was terminated by the plaintiff/petitioner by issuing a notice dated 29th July, 2015 under section 106 of the Transfer of Property Act. Since the defendant did not hand over the vacant possession thereof to the plaintiff after expiry of the notice period, the plaintiff filed a suit for eviction of the defendant. In the said suit he has also prayed for recovery of arrear rent and also for mesne profit till recovery of possession of the suit premises. Several other incidental reliefs have also been claimed by the plaintiff in the said suit. Immediately after filing the said suit, an application was taken out by the plaintiff/petitioner under section 151 of the Code of Civil Procedure, interalia, praying for issuance of a direction upon the defendant to pay an amount of Rs. 2,00,000/- per month as occupational charges in respect of the suit premises on and from 21st August, 2015 till eviction of the defendant. It is alleged in the said application that since the monthly rent of the suit premises is more than Rs. 10,000/-; the tenancy of the defendant is governed by the Transfer of Property Act and as such, the defendant is not entitled to get any protection which is available to the tenant under the West Bengal Premises Tenancy Act, 1997. It was further alleged therein that since the defendant failed and neglected to deliver the vacant and peaceful possession of the suit premises to the plaintiff/petitioner after expiry of the notice period, the defendant became a trespasser and as such he is liable to pay damages for wrongful use and occupation of the suit premises.
(3.) According to the plaintiff the reasonable rent of the suit premises will be Rs. 2,00,000/- per month and since the plaintiff is deprived of enjoying such rental income from the suit premises because of such wrongful use and occupation of the defendant, the plaintiff is entitled to get occupational charges @ Rs. 2,00,000/- per month since the time of termination of his tenancy. Such application was filed immediately after filing the suit and that too even before issuance of the summons in the said suit.;