DILIP KUMAR SAHA Vs. PANCHANAN KHATUA

JUDGEMENT

(1.) The petitioner before this Court is the plaintiff in a suit for eviction and is aggrieved by the order dtd. 15/12/2021 passed by Learned Civil Judge (Senior Division) in. Title Suit No. 157 of 2016 adjourning the prayer of the petitioner/plaintiff for occupation charges made under Sec. 151 of the Code of Civil Procedure till final adjudication of the suit. The petitioner being aggrieved by the order passed by the Learned Trial Judge has come up before this Court under Article 227 of the Constitution of India.

(2.) The case of the petitioner/plaintiff before the Learned Trial Court may be summed up thus.

(3.) Heard Learned Advocate for the petitioner and Learned Advocate for the opposite party. Perused the petition filed and materials on record. Learned Advocate for the petitioner submits that the Learned Court below erred in not deciding the application for occupation charges. Learned Advocate further submits that the defendant/opposite party is liable to pay occupation charges for occupying the suit property which is a mesne profit.