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2024 Supreme(Cal) 1211

ARIJIT BANERJEE, SUPRATIM BHATTACHARYA
Union of India – Appellant
Versus
Hindustan Consultancy & Services Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. Shyamal Chakraborty, Mr. Debajyoti Mondal, Ms. Manju Jaiswal, Ms. Anjana Das.
For the Respondents: Mr. A.K. Chatterjee, Sr. Adv., Mr. Rajarshi Dutta, Mr. Aditya Roy, Mr. A.P. Agarwalla.

JUDGMENT :

Arijit Banerjee, J.

1. This appeal is directed against a judgment and decree dated February 7, 2014, whereby a learned Judge of this Court disposed of the suit of the respondent no. 1 herein being CS No. 489 of 2000. The claim in the suit was for mesne profits/compensation in respect of the suit premises owned by the respondent/plaintiff and occupied by the present appellant, for the period April 1, 1992 till August 31, 2000, amounting to Rs.61,46,000/- at the rate of Rs.2000/- per diem and mesne profits at the rate of Rs.3000/- per diem from September 1, 2000, till the date of delivery of vacant and peaceful possession of the suit premises by the appellant herein to the plaintiff. The learned suit court decreed the suit against the defendant no. 2 (present appellant) and directed compensation to be paid to the plaintiff at different rates for different periods of time. Interest was also awarded at the rate of 12 per cent per annum. The suit was dismissed as against the defendant no. 1 (State of West Bengal). Being aggrieved the defendant no. 2 is before us by way of this appeal.

2. The plaintiff’s case before the learned suit court was as follows:-

    (i) The plaintiff is the

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