JUDGMENT

Ravi Krishan Kapur, J. - These applications raise common questions of law and fact and were heard analogously.

2. GA No. 8 of 2017 is an application for setting aside the report of the Special Referee dated 15 May, 2017 (the report) assessing mesne profits. GA No. 9 of 2017 is an application filed by the plaintiff landlord seeking a final decree in terms of the report.

3. Briefly, the suit is for eviction and mesne profits. The suit premises comprises of Flat no.2E having a built up area of 3975 sq.ft. on the second floor and a generator room having an area of 73 sq.ft. on the ground floor both located in a building commonly known as Dimple Court, situated at premises no. 26 Shakespeare Sarani, Kolkata-17(the suit premises).

4. The facts culminating in the filing of these applications are as follows:

a. In 2005, the plaintiff permitted the defendant to use and occupy the suit premises for commercial perposes.

b. In or about 2008, this suit was filed for recovery of possession and for mense profits. There was also a claim on account of rental arrears and maintenance charges.

c. On 8th August, 2013 this suit was decreed in favour of the plaintiff. The Court also directed the respon