DEBONAIR VANIJYA PVT. LTD. Vs. ESHRAT JAHAN

JUDGEMENT

(1.) The question which arises for determination in this appeal is whether the court during the pendency of the suit for eviction of an occupier of a premises and determination of mesne profits, can order interim mesne profits or occupation charges to be paid to the plaintiff by the defendant? The appellant/plaintiff, sometime in 2020, filed this suit in this court against the respondents/defendants for a decree for vacant and peaceful possession of a shop room measuring 98 sq. ft. in the north west corner of the ground floor of premises no.2/1, Ho Chi Minh Sarani, Kolkata-700071. In addition to this, they claimed mesne profits of Rs.34,69,200.00 from 12/7/2011 to 30/11/2019, of which Rs.29,40,000.00 was the principal amount at the rate of Rs.300.00 per sq. ft. per month and Rs.5,29,200.00 as interest at the rate of 18% per annum for this period. From 1/12/2019 mesne profits at the rate of Rs.980.00 per day and interest were claimed, aggregating to Rs.7,69,481.30 upto 30/9/2021.

(2.) The appellant/plaintiff took out the application (GA 2 of 2021) for an order inter alia, asking the respondents to secure the sum of Rs.34,69,200.00 and Rs.7,69,481.30 claimed as mense profits in the suit. By his judgment and order dtd. 14/3/2023 a learned single judge of this court was pleased to dismiss the said application. Hence this appeal.

(3.) It is significant to mention here that the respondents have not preferred a cross appeal or cross objection from that order.