By order dated 8.7.1994, made in a companytempt petition filed by the respondent, the High Court granted three months time to the appellant to initiate acquisition proceedings if it wanted to retain the premises and the said period of three months expired on 7.10.1994.
Thereafter, it heard the parties on the issue of mesne profits and by further order dated 10.8.1999 set aside the decree of the learned Single Judge in so far as the determination of mesne profits for the second and third periods that is from 8.10.1994 and referred the matter to a Commissioner retired Judge for quantifying the mesne profits.
had been requisitioned by the appellant under the West Bengal Premises Requisition and Control Temporary Provisions Act, 1947 Act for short for providing barrack accommodation for the police and for Traffic Police Guard Headquarters on 1.10.1958.
After companysidering the evidence placed by the respondent, the Commissioner submitted his report dated 21.2.2000 under which he determined the mesne profits at Rs.8/ per sq.ft.
The entire six storey building excluding the ground floor and a portion of the first floor measuring 20093 sq.ft.
The Division Bench also directed that the respondent will be entitled to interest at 12 per annum on the arrears of rent and as also further rent.The appellant, thus became liable to vacate and deliver vacant possession on 8.1.1994 but companytinued in unauthorized possession.
The appellant challenged the said report inter alia on the ground that it did number have an opportunity to let in evidence.
The respondent filed cross objections being aggrieved by the quantum of the mesne profits.
The Commissioner appointed by the Division Bench issued numberice to the parties for determination of the mesne profits.
The Division Bench companysidered and overruled the objections of the appellant by the impugned judgment dated 7.7.2000.
It accepted the report of the Commissioner and directed that a final decree be prepared in terms of the report of the Commissioner that is adopting the rate of rent and the periods for which such rates would apply .
The said decree was challenged by the appellant by filing an intra companyrt appeal.
Premises No.32A, Brabourne Road, Kolkata originally belonged to the respondent.
The premises stood derequisitioned on 7.1.1994 by virtue of the provisions of Sections 10A and 10B of the Act.
Therefore, the respondent filed a suit CS No.235/1996 seeking physical possession of the derequisitioned property.
from 8.10.1994 to 31.8.1998 and at the rate of Rs.9/50 per sq.
In spite of repeated opportunities, the State did number participate in the proceedings.
from 1.9.1998 till the date of recovery of possession.
The said order of the Division Bench attained finality as it was number challenged by the appellant.
