BANK OF BORODA Vs. TIRUPATI ASSETS PVT. LTD.

JUDGEMENT

(1.) This first appeal is directed against the judgement on admission dated 26th June, 2015 passed by the Learned Civil Judge, Senior Division, 10th Court at Alipur, in Title Suit No. 62 of 2012 at the instance of the defendant/appellant. Such decree on admission was passed by the learned Trial Judge under Order 12, Rule 6 of the Code of Civil Procedure in a suit for eviction under the Transfer of Property Act.

(2.) By the said decree, the defendant was directed to vacate the suit premises and deliver khas possession thereof to the plaintiff within three months from the date of passing of the decree. However, no decree for mesne profit was passed by the learned Trial Judge while disposing of the said suit.

(3.) Hence, the plaintiff has filed a cross objection in this appeal praying for a decree for mesne profit.