DALHOUSIE PROPERTIES LTD. Vs. GLOBAL EXPORTS LIMITED

JUDGEMENT

(1.) Re: G.A. No. 3541 of 2017 - This is an application by the defendants taking exception to the report filed by the special referee on 10th October, 2017. The defendant has suffered a decree for eviction on 29th April, 2015. Mr. Robi Prasad Mukherjee, Advocate of Bar Library Club was appointed as special referee to ascertain the mesne profit from 1st June, 2007 till the defendant hands over possession to the plaintiff. The report was to be filed by 31st December, 2015. The defendant, however, during the pendency of the proceedings deposited Rs. 20,078/- per month by an order of Court from 1st June, 2007 till 6th April, 2017 when actual possession was delivered to the plaintiff.

(2.) In the reference both the parties have adduced evidence. The plaintiff has produced rent agreements and documents to show that the plaintiff is entitled to mesne profits of Rs. 10 lakhs per month. In support of such claim, the plaintiff appears to have produced rent agreement and rent receipts with Food Corporation of India, Oriental Insurance Company Ltd. and Yes Bank. It was submitted by the plaintiff before the special referee that after Food Corporation of India, one HD Financial Services Ltd. was inducted as new tenant on 30th November, 2016 and the said tenant is paying Rs. 44.00/- per sq.ft. compared to the previous tenancy of Rs. 35.8/- per sq.ft.

(3.) As opposed to such evidence, the defendant has produced six documents by a letter dated 11th September, 2017 to show that mesne profits for the period in question should not exceed Rs. 10 per sq.ft.