- (1.) Sabyasachi Bhattacharyya, J.
(2.) By the impugned order dated June 22, 2018, the appellate court granted stay on condition that the petitioner goes on paying occupational charges at the rate of Rs. 1,09,920/- per month as well as deposits an amount of Rs. 50,00,000/- towards arrear rents and damages with the respondent by August 2018.
(3.) Learned senior advocate appearing on behalf of the petitioner, argues that the impugned order ought to be modified, in so far as the direction for payment as condition of the stay is concerned, on two-fold grounds. First, the deposit of rupees fifty lakh towards arrear rents and damages ought to have been related to stay of operation of the Estate Officer's award in so far as the payment of arrear of rents was concerned, the latter being in the nature of a money decree. On the other hand, the occupational charges ought to have been relatable to stay of execution of the portion of the Estate Officer's award, whereby eviction of the petitioner was granted. Second, the quantum of occupational charges so assessed by the court was erroneous. Such assessment, according to the petitioner, was on the basis of an adjudication by this court in a different matter in respect of a building apparently adjacent to the disputed premises in the present lis. In consonance with such adjudication by this court, the appellate court directed payment of Rs. 1,09,920/- per month as occupational charges.;