By an interim order dated 18 May 2006, the Division Bench of the High Court directed that proceedings before the trial Court for ascertainment of mesne profits in terms of Order 1 Title Suit 63 of 2001 XX Rule 12 of the Code of Civil Procedure 1908 2 shall companytinue, but numberfinal decree shall be drawn up without the leave of the Court.
4 On 22 March 1975, a deed of settlement was executed by Mohan Lal Khemka, by which a private trust was created for the benefit of his grandson.
3 The subject matter of the dispute is a plot of land situated at Second Mile, Signature Not Verified Digitally signed by SANJAY KUMAR Date 2019.04.24 165500 IST Sevoke Road, Siliguri, West Bengal admeasuring 4 bighas, 18 Cottahs, 9 Chittacks and Reason 18 sq.ft.
9 By a judgment and order dated 14 November 2018, the High Court has set aside the decree for possession and, in companysequence, directed that the suit instituted by the respondent shall stand dismissed.
The learned trial judge decreed the suit by a judgment and order dated 30 November 2005.
6 The State of West Bengal initiated proceedings for requisitioning of the land under the West Bengal Lands Requisition and Acquisition Act 1948.
The petition was dismissed on 1 May 2018 by a learned Single Judge.
The petition was allowed by a judgment dated 25 September 1998 and the order of requisitioning was set aside.
8 Following the order of the High Court, the valuer submitted a report in regard to the valuation of the property.
5 On 25 May 1981, an indenture of lease was entered into between the appellant and the respondent.
The rent was paid until 19 April 1984.
7 Eventually, a suit for eviction was instituted before the Court of the Civil Judge Senior Division , Jalpaiguri1.
On 5 November 1979, a deed of settlement resulted in the creation of a private trust.
2 This appeal arises from a judgment and order of a Division Bench of the High Court at Calcutta dated 14 November 2018.
After the Writ Petition was allowed by the learned Single Judge and the order of requisitioning was quashed, the respondent filed an appeal before the Division Bench.
Allowing the first appeal filed by the respondent against a decree for possession, the Division Bench directed, in companysequence, that the suit filed by the appellant shall stand dismissed.
The trial companyrt passed a decree for vacant and peaceful possession.
The trial Court accepted the valuation on 7 September 2016.
The order of the trial companyrt was challenged by the respondent before the High Court3.
By the said deed, Mahabir Prasad Bhartia and Sunita Bhartia were appointed as trustees.
A preliminary decree for mesne profits was passed.
The execution proceedings were stayed, subject to deposit of the arrears of rent.
Dr Dhananjaya Y Chandrachud, J 1 Leave granted.
The judgment of the Single Judge was questioned in appeal by the respondent.
The respondent filed its written statement.
The term of the lease was fifteen years.
The respondent filed an appeal before the High Court.
The appellant challenged the validity of the requisitioning in a Writ Petition before the High Court.
In this view of the matter, the respondent must be treated to have elected or opted out of the lease.
Under the terms of the lease, the respondent took possession of the land.
