Case Note & Summary
The case involved an appeal by Sharma Kapoor & Co. against an interim order from the High Court at Calcutta concerning eviction proceedings initiated by Damayanti Mishra and others. The High Court had previously ordered the appellant to pay Rs. 20,000 per month as occupational charges while the second appeal was pending. The Supreme Court, upon reviewing the case, noted that the respondents had requested mense profits at a lower rate of Rs. 30 per day, totaling Rs. 900 per month. Additionally, the court considered that the appellant's son had rented a nearby property for Rs. 20,000 per month. In light of these factors, the Supreme Court modified the High Court's order, reducing the monthly deposit to Rs. 5,000, to be paid starting February 15, 2008. The court stipulated that failure to make two consecutive payments would result in the automatic vacation of the interim order. The Supreme Court also urged the High Court to expedite the resolution of the pending second appeal within one year. The appeal was disposed of without any order as to costs.
Headnote
A) Civil Procedure - Interim Relief - Modification of Compensation - Code of Civil Procedure, 1908, Section 151 - The court modified the interim order regarding occupational charges from Rs. 20,000 to Rs. 5,000 per month during the pendency of the second appeal, considering the circumstances of the case and the financial implications for the appellant. Held that the modified amount was reasonable given the context of the case (Paras 2-3).
Issue of Consideration
Whether the monthly compensation for occupational charges should be modified during the pendency of the second appeal.
Final Decision
The Supreme Court modified the interim order to require the appellant to pay Rs. 5,000 per month as occupational charges, with specific conditions for compliance and consequences for default.
Law Points
- Interim relief
- eviction
- occupational charges
- stay of execution
