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2012 Supreme(Cal) 297

TAPAN KUMAR DUTT
Austin Distributors (P) Limited – Appellant
Versus
Iswar Ganesh Chandra Jiu – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: S.P. Roy Chowdhury, S. Talukdar, A. Chowdhury and S. Basu
For Respondents/Defendant: Ranjan Deb, Ashis Kr. Chakraborty and Arindam Mukherjee

JUDGMENT

Tapan Kumar Dutt, J.

1. This Court has heard the learned Advocates for the respective parties in respect of the application being CAN 2548 of 2011. The respondents had filed the eviction suit concerned against the appellant and in such suit the respondents had also prayed for mesne profits. The learned Trial Court by its judgment and decree dated 10th June, 2009 decreed the said suit by granting a decree for ejectment of the appellant from the suit property and the appellant was directed to deliver vacant peaceful possession of the suit property in favour of the respondents within 30 days from the date of the said judgment and decree. The learned Trial Court also passed an order of mesne profits which may be determined in terms of the provisions of order 20 Rule 12 of the Civil Procedure Code. The appellant filed the title appeal concerned against the judgment and decree passed by the learned Trial Court and the learned lower Appellate Court by judgment and decree dated 31st January, 2011 dismissed the said title appeal oil contest. It further appears that a cross-appeal which was filed by the respondents was allowed and the findings of the learned Trial Court with regard to




















































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