SHIBDAS GOPALJI PATEL Vs. RAM CHANDRA MOOKERJEE

JUDGEMENT

(1.) This is an appeal against judgment and decree dated May 31, 1974, passed by Sri S.K. Chatterjee, Additional District Judge, Tenth Court, Alipore, in T.A. 134 of 1973 affirming those of Sri H. Banerjee, Munsif, Third Court, Alipore, passed in T.S. 209 of 1966 on May 31, 1972.

(2.) The Respondent filed a suit for recovery of possession, mandatory injunction and for damages against the Appellant on the ground that licence granted to the Defendant in respect of the suit land had been revoked.

(3.) The Defendant contested the suit claiming to be a tenant in respect of the suit land being a part of 44 S.R. Das Road and measuring about 7 cottahs. The suit was decreed and the decree was confirmed by the appellate Court. A second appeal was filed by the Defendant being S.A. 9 of 1970. this Court agreed with the concurrent findings of the Courts below that the Defendant was a licensee and his licence had been validly terminated. As regards damages for the unauthorised occupation of the suit land this Court found that there was no sufficient material on record to decide whether the sum of Rs. 10 per diem as decreed by the Courts below was a reasonable amount of compensation or not. As such, this question was left open. His Lordship agreed with the Courts below that the Defendant was liable to pay damages, but the determination of the rate of damages payable by the Defendant was relegated to the proceeding under Order 20, Rule 12 of the Code of Civil Procedure. this Court directed: