NAND LAL RATHI Vs. A T GOOYEE ENTERORISES

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 16th March, 2011 passed by the learned Single Judge of this Court on an application under Chapter XIIIA of the Original Side Rules of this Court whereby the learned Judge had written final judgment and decree evicting the appellant. The fact relating to relationship between the parties as well as leading to preferring this appeal needs to be stated briefly.

(2.) Both the parties brought separate action for their desired relief. The appellant before us had filed Title Suit being No. 5305 of 2008 in the City Civil Court at Calcutta in or about December 2008 claiming for a declaratory decree "that the appellant (plaintiff in the above suit) is a monthly tenant under the respondent in respect of the entire basement situated at premises No. 157C, Lenin Sarani, Kolkata-700 013 at a monthly rent of Rs. 45,000/- and Rs. 1000/- respectively and other consequential reliefs. Immediately after filing of the said suit the appellant filed an application for interlocutory relief praying for temporary injunction restraining the respondents and/or their men, agents and servants from disturbing plaintiffs peaceful right of his tenancy comprising of entire basement situated at the said premises. From the records it appears that appellant was successful in obtaining interlocutory relief of Status quo with regard to the said property in question.

(3.) The respondent thereafter filed a suit in this Hon'ble Court in its ordinary original civil jurisdiction as mentioned above claiming decree for recovery of vacant, peaceful and quiet possession of the same property, by evicting the appellant herein and a decree for Rs. 15,30,000/- towards the mesne profit calculated from 1st April, 2009 till 31st August, 2009; decree for further mesne profit at the rate of Rs. 10,000/- per diem from the date of filing of the suit till the delivery of vacant peaceful and quiet possession of the said property and other reliefs incidental thereto.