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ARINDAM MUKHERJEE
Kausick Auddy – Appellant
Versus
Uday Shah – Respondent
JUDGMENT :
ARINDAM MUKHERJEE, J.
1. This application for rejection of the plaint under the provisions of Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) have been filed by the defendants on the ground that the suit being one for recovery of possession has been valued in an absurd manner to attract the jurisdiction of this Court.
2. The defendants say that the plaintiffs have filed the instant suit on the basis of a Deed of Lease executed on 28th day of September, 2006 for a period of ten years commencing from 1st day of September, 2006 and ending on 31st August, 2016 to have expired by efflux of time and as such the defendants are occupying the same as trespassers. The Deed of Lease states Sreemanta Auddy as lessor inducted Sri Uday Shah, defendant no. 1 and Bhupendra Chimanlal Shah, since deceased as lessees for the first and second floor of the premises no. 2/1A, Sun Yet Sen Street, P.S. Amherst Street, Kolkata-700012 comprising of three rooms in the 1st floor and one room in the second floor of the said premises (hereinafter referred to as the suit premises).
3. The defendants further submit that for recovery of an immova
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.
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.
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
(1) A tenant continuing in possession after expiry of lease may be treated as a tenant at sufferance which status is a shade higher than that of a mere trespasser – Appellant while continuing in poss....
Mesne Profits – A tenant who once entered property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate landlord for such time period af....
The court held that claims involving arrears of rent and mesne profits constitute a commercial dispute under the Commercial Courts Act, necessitating judicial consideration and trial.
A lease agreement requires a fresh deed for renewal; automatic renewal is not valid without it.
A suit for mesne profit is not barred by limitation or by the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908 or by the principle of res judicata or constructive res judicata, if t....
The main legal point established in the judgment is the determination of lease renewal and mesne profits based on the last paid rent by the defendant bank, applying principles from previous judgments....
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