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I. P. MUKERJI, BISWAROOP CHOWDHURY
Debonair Vanijya Pvt. Ltd. – Appellant
Versus
Eshrat Jahan Also Known as Ishrat Jahan – Respondent
| Table of Content |
|---|
| 1. determination of interim mesne profits during eviction proceedings. (Para 1 , 2 , 3 , 4) |
| 2. accuracy of valuation and analysis of tenant status. (Para 10 , 12 , 16) |
| 3. the nature of occupation charges and applicability during trial. (Para 22 , 35 , 38) |
| 4. final determination on rental charges and appeal outcomes. (Para 44 , 60 , 104) |
JUDGMENT :
I.P. MUKERJI, J.:-
1. The question which arises for determination in this appeal is whether the court during the pendency of the suit for eviction of an occupier of a premises and determination of mesne profits, can order interim mesne profits or occupation charges to be paid to the plaintiff by the defendant?
2. The appellant/plaintiff, sometime in 2020, filed this suit in this court against the respondents/defendants for a decree for vacant and peaceful possession of a shop room measuring 98 sq. ft. in the north west corner of the ground floor of premises no.2/1, Ho Chi Minh Sarani, Kolkata-700071. In addition to this, they claimed mesne profits of Rs.34,69,200/-from 12th July, 2011 to 30th November, 2019, of which Rs.29,40,000/-was the principal amount at the rate of Rs.300/-per sq. ft. per month and Rs.5,29,200/-as interest
In eviction cases, interim mesne profits can be ordered only if the tenant's defense is nearly non-existent, and the claim for occupation charges must be reasonable.
Occupants in eviction suits are obligated to pay occupation charges during the pendency of the suit, and courts must provide reasoned orders on such applications.
The valuation of a suit is determined by the plaintiff's estimation unless it is grossly improper, and issues of mesne profits must be resolved at trial.
The valuation of a suit for recovery of possession must comply with statutory provisions, and claims for mesne profits require a declaration of unauthorized occupation.
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