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2022 Supreme(Cal) 1631

KRISHNA RAO
Karnani Properties Limited – Appellant
Versus
Rajesh Mitra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sabyasachi Choudhury, Biswanath Chatterjee, N. Choudhury, A. Poddar.
For the Respondents: Dilip Kumar Mukherjee, P.K. Nandi, L. Chatterjee, Gargi Roy Chowdhury.

ORDER :

1. The plaintiff had filed an instant application under Order XII Rule 6 of the Code of Civil Procedure, 1908 praying for passing of Judgment and Decree upon admission against the defendants for eviction and recovery of khas possession of the suit property.

2. The plaintiff has filed this suit praying for the following reliefs:

    “(a) Decree for eviction and recovery of khas possession of the suit property more fully described in the Schedule being Annexure ‘A’ hereto against the defendants.

(b) Decree for mesne profits for Rs. 15,60,000/- against the defendants in terms of paragraph 12 hereof along with an interim interest and interest upon judgment at the rate of 10 % per annum and further mesne profits from August, 2021 onwards.

(c) In the alternative to, (b) an enquiry into mesne profits and a decree for such sum as may be found due to payable upon such enquiry against the defendants.

(d) Judgment upon admission.

(e) Injunction.

(f) Attachment.

(g) Receiver.

(h) Costs.

(i) Further or other reliefs.”

3. The Counsel for the plaintiff submits that since 20.08.1970, Usha Mitra who was the mother of the defendants herein was a tenant under the plaintiff for a monthly rent of Rs. 200/- in

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