UCO BANK Vs. ASARAM S/O MOHANLAL SAMDANI

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 21.09.2007 passed in M.A.R.J.I. No.791 of 2003, the original respondents preferred this appeal.

(2.) Brief facts, giving rise to the present appeal, are as follows :

(3.) The learned counsel appearing for the appellant-UCO Bank submits that, there is no specific prayer in the original suit for inquiry into mesne profits as provided under Order 20, Rule 12 of Civil Procedure Code and in absence of specific prayer for an inquiry into mesne profit, the same should not be granted by the Court below. Learned counsel for the appellants-UCO Bank further submits that the Bank had paid monthly rent of the suit premises as per terms and conditions of the lease deed and also as per the correction lease dated 28.6.1985, even the appellant-UCO Bank has paid all the taxes to the Government Authorities, such as water taxes, electricity taxes, etc pertaining to the suit tenement. Learned counsel submits that, all these important aspects have not been considered by the Trial Court while passing the impugned judgment and order.