Sanjib Banerjee, J. - (1.) The petitioner complains of the virtual stay of the order of the Estate Officer passed by the lower appellate court while admitting the appeal in respect of a matter governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
(2.) It is made clear that notwithstanding whatever is said in the order impugned there is no stay of the operation of the money decree, as there could not have been, without the entirety of the money being required to be deposited. Accordingly, it will be open to the petitioner herein to execute the money decree in accordance with law if the money due under the decree is not tendered by the opposite party within reasonable time.
(3.) As to the continued occupation of the opposite party in respect of the public premises in question, occupation charges have to be fixed. The occupation charges have to reflect the present market rate. The opposite party points out that the mesne profits till the year 2016 have been assessed at Rs.40,000/- per month for the approximately 3000 sq ft area. According to the opposite party, commercial rate of rent has not increased in Calcutta over the last two-three years and commercial spaces are going abegging with no takers therefor.;