Soumen Sen, J. - (1.) The plaintiff has filed a suit for eviction of the defendants on the ground that the defendants have become trespassers and have failed to pay occupation charges after 30th April 2014. The plaintiff pleaded that in any event the defendants were not entitled to be in possession of the shop room for a period of more than 5 years from the date of death of the father of the defendant No.1, in terms of the provisions of the West Bengal Premises Tenancy Act, 1997. In paragraph 19 of plaint, the plaintiff alleged that the defendants are liable to pay mesne profit @ Rs. 150/- per sq.ft. per month from May 2014 till date. The plaintiff says that on account of mesne profit the plaintiff is entitled to a sum @ Rs. 18,000/- per month calculated @ Rs. 150/- per sq.ft. per month on and from 1st May 2014 until recovery of possession of the shop room. On the basis of the said pleadings, the suit has been valued at Rs. 18 lakh.
(2.) On 15th April 2016, the defendants filed an application for extension of time to file written statement. The time to file written statement was extended by eight weeks from 15th April 2016. The said direction was peremptory. In default, the suit was directed to be treated as an undefended suit. As on date, the plaintiff is entitled to have the suit heard as an undefended suit.
(3.) On the same date, the plaintiff filed an application for a direction upon the defendants to pay occupational charges at least on the basis of the last rent paid. The defendants did not dispute that the last rent paid was Rs. 9,648.44/-. On the basis of such admission, the defendants were directed to pay arrear occupational charges commencing from May 2004 till April 2016 within 8 weeks from the date of the order. It was recorded that the payment of the occupational charges and acceptance thereof should be without prejudice to the rights and contentions of the parties in this proceeding.;