JUDGMENT

I. P. Mukerji, J. - The computation of mesne profits by the Special Referee appointed by the court was under challenge before the trial court.

2. The premises involved is 15, Park Street, Kolkata - 700016. The suit premises comprise of Blocks B & C on the 4th Floor of this building covering a carpet area of 13,160 sq ft.

3. At one point of time, the appellant defendant was a lessee under the plaintiff respondent. They vacated it on 30th June, 2010. The last paid rent was at the rate of Rs.17.40 per sq ft. out of which the basic rent was Rs.14.20 per sq ft. The total rent received by the respondent was Rs.2,29,503.17/- per month out of which the basic rent was Rs.1,86,722.99/-.

4. The Special Referee in her award made on 4th December, 2012 awarded mesne profits at the rate of Rs.115 per sq ft. to the respondent for the period 24th October, 2008 to 30th June, 2010 and Rs. 100 per sq ft. for the preceding period from 24th October, 2005 till 23rd October, 2008.

5. Such view was founded on Dena Bank paying rent inclusive of maintenance charges, corporation rates and taxes to the respondent at the rate of Rs.150 per sq ft. per month for the ground floor and mezzanine floors of th