TMI Blog2018 (3) TMI 1999X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners come to Rs.1,93,877/ , by taking a prima facie view of the matter I feel the Appellate Court ought to have granted higher amount of occupation charges to be paid by the respondents. Thus taking an overall view of the matter and in the light of the offer made at Exhibit 50 as well as reply filed on behalf of the petitioners to the stay application, the reasonable amount of occupation charges would come to Rs.1,30,000/ per month to be paid during pendency of the appeal. The order dated 15/03/2017 is partly modified. It is directed that from March 2018 and during pendency of the appeal the respondents shall pay occupation charges of Rs.1,30,000/ per month. This amount is determined without prejudice to the rights of the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) Mh.L.J. 134 the petitioners are entitled to higher occupation charges. In that regard he submitted that by calculating the percentage of the value of the property, the occupation charges would come to Rs.1,93,877/ . He then submitted that during pendency of the suit, the respondents had offerred rent of Rs.49/ per sq. ft. in the year 2012 and the trial Court had granted compensation at the rate of Rs.50/ per sq. ft. while decreeing the suit. He therefore submitted that the amount of occupation charges deserves to be enhanced. 4. Shri C. A. Anthony, learned counsel for the respondents supported the impugned order. According to him, the substantive appeal challenging the decree for eviction is pending. The finding recorded with regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Court ought to have granted higher amount of occupation charges to be paid by the respondents. Thus taking an overall view of the matter and in the light of the offer made at Exhibit 50 as well as reply filed on behalf of the petitioners to the stay application, the reasonable amount of occupation charges would come to Rs.1,30,000/ per month to be paid during pendency of the appeal. 6. In view of aforesaid the order dated 15/03/2017 is partly modified. It is directed that from March 2018 and during pendency of the appeal the respondents shall pay occupation charges of Rs.1,30,000/ per month. This amount is determined without prejudice to the rights of the parties. The Writ petition is partly allowed in aforesaid terms. No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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