TURNER MORRISON LTD. Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) AT all material times the defendant was a tenant under the plaintiff in respect of an area of 10,855 sq. ft. on the third floor of premises No. 6, Lyons Range, Kolkata -01 (hereinafter referred to as 'the suit premises').

(2.) THE plaintiff filed CS No. 199 of 2005 for recovery of possession of the suit premises from the defendant and for mesne profit. In the said suit a decree was passed on 10th July, 2008 for eviction of the defendant from the suit premises and for an enquiry into the mesne profits under Order 20 Rule 12 of the Code of Civil Procedure.

(3.) BY an order dated 12th February, 2009 this Court appointed an Advocate Commissioner for the purpose of holding an enquiry into the mesne profits payable by the defendant to the plaintiff.