- (1.) The Court: The petitioner is the owner of the premises no.1, 2 and 3, Old Court House Street, Kolkata - 700 069, presently known as Hemanta Basu Sarani (hereinafter referred to as the said 'premises'). The respondent was a tenant in respect of a portion of the ground floor of the said premises comprising an area of 1,000 square feet (hereinafter referred to as the "suit property"). The petitioner filed a suit, CS No.201 of 2012 before this Court claiming, inter alia, a decree for eviction of the respondent from the suit property. In the suit the petitioner filed an application, GA No.2408 of 2012 under Chapter XIIIA of the Original Side Rules of this Court against the respondent praying for a summary decree of eviction. On October 14, 2015 a learned Single Judge of this Court allowed the said application of the petitioner and passed a summary decree for eviction of the respondent from the suit property. The respondent carried the judgment and decree dated October 14, 2015 in appeal being APD No.510 of 2015. In the said appeal the present respondent, as the appellant also prayed for stay of operation of the decree dated October 14, 2015 passed by the learned Single Judge.
(2.) By an order dated December 16, 2015 the Division Bench of this Court directed that subject to the deposit of Rs.10 lac within January 5, 2016 by the appellant, the respondent herein with the Registrar, Original Side of this Court the decree dated October 14, 2015 shall remain stayed. In the said appeal the present petitioner also filed an application, GA No.146 of 2016 praying for a direction upon the appellant to make payment of the arrear and current monthly occupation charges at the rate of Rs.18 lac, per month. By the order dated July 25, 2016 the Division Bench of this Court disposed of the said application, GA No.146 of 2016 by directing the appellant, the respondent herein to deposit Rs.2 lac, per month from July, 2016 with the Registrar, Original Side of this Court, without prejudice to the rights and contentions of either party and subject to deposit of the said amount, the decree for eviction passed by the learned trial Judge would remain stayed.
(3.) It is not in dispute that the respondent herein, as the appellant in the aforementioned appeal complied with the directions passed by the Division Bench of this Court on December 16, 2015 and July 25, 2016, respectively and deposited an amount of Rs.30 lac with the Registrar, Original Side of this Court. However, by a judgment and decree dated June 13, 2017 the Division Bench of this Court set aside the judgment and decree dated October 14, 2015 passed by the learned trial Judge. The present petitioner carried the said judgement passed by the Division Bench before the Hon'ble Supreme Court by filing the Special Leave Petition being Civil Appeal No.4249 of 2018. The said Special Leave Petition was admitted and by a judgement dated April 20, 2018 the Supreme Court set aside the judgment dated June 13, 2017 and restored the decree for eviction passed by the learned trial Judge. The Supreme Court, however, granted six months time to the respondent herein to vacate the suit property subject to the condition that they shall deposit the entire arrears of rent upto at the rate of Rs.40,000/- per month, within one month from the date of the said judgement and also deposit six months rent by way of damages for use and occupation within one month in advance.;