IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

ORIGINAL SIDE

Present:-

The Hon’ble Justice Madhuresh Prasad

And

The Hon’ble Justice Supratim Bhattacharya

APDT 3 of 2024

With

CS/185/2018

IA NO: GA/1/2024, GA/2/2024

UCO BANK

-Vs-

B.P.PODDAR HOSPITAL AND MEDICAL RESEARCH LIMITED

For the Appellant : Mr. Soumabho Ghosh,

Mr. Shashwat Nayak,

Ms. Antalika Guha.

For the State Respondent : Mr. Abhrajit Mitra, Sr. Adv.

Mr. Satadeep Bhattacharyya,

Mr. Samriddha Sen,

Mr. Surajit Biswas,

Mr. Arijeet Bera.

Judgment on : August 14, 2025.

Madhuresh Prasad, J.:

1. The present appeal arises out of an order dated December 20, 2023,

passed in CS No. 185 of 2018 and IAGA No. 3. Of 2021 by the Hon’ble Single Judge. The order of eviction and mesne profit was passed by the Trial Court on an application filed by the plaintiff under Chapter 13-A of the Original Side Rules. By an order dated 9th September 2019 defendants have been directed to vacate the suit premises which they have done on 28^th of February 2020. In so far as the determination of

the mesne profit a Special Referee was appointed by the Trial Court for determination of the same with respect to the suit premises. The Special Referee submitted a report on 31.08.2021 assessing the mesne profits for the suit premises to be at the rate of Rs.139 per sq.ft per month for the period 01.03.2017 to 01.03.2020.

2. The plaintiff filed application seeking confirmation of the report submitted by the Special Referee and for passing the final Decree. The report of the Special Referee was accepted by the plaintiff. The defendant however filed exception to this report praying for setting aside the report. The defendants also sought appointment of independent valuer to ascertain fresh market rent for the suit premises. The Hon’ble Single Judge has allowed IAGA No. 3 of 2021 filed by the plaintiff. The Hon’ble single Judge held report of the Special Referee dated 31.08.2021, to be justified requiring no interference and the same was confirmed. The defendant was thus directed to pay mesne profit accordingly, being monthly rent for the suit premises at the rate of Rs. 139 per sq.ft. per month for a total of 4,800 sq.ft with effect from 01.03.2017 till 28.02.2020, with interest at the rate of 9 per cent per annum with effect from 1st March 2017 till realization of the total amount.

3. The defendant has contested the fixation of the mesne profit and interest accrued thereon before the Special Referee. According to the defendant mesne profit comes to an amount of Rs. 88.99 sq.ft based on report dated 16.02.2022, of a valuer appointed by the defendant for assessing fair market value of the suit premises. It is the defendant’s case that the Special Referee has determined the mesne profit by comparing the suit premises with two distant properties. The defendants have also taken a ground that plaintiff itself had earlier proposed to increase the lease rent to the tune of Rs. 120 per sq.ft. which proposal was based on their own assessment of rental value of the suit property. However, the same was rejected by the Bank/defendants. The fixation of mesne profit of Rs. 139 per sq.ft. per month, was a highly exorbitant fixation without any acceptable comparison.

4. Mr. Abhrajit Mitra, learned Senior Counsel has drawn attention of this Court towards the exception to Special Referee’s report filed on behalf of the defendants in the suit. Learned Senior Counsel has referred to the provisions contained in Order XX Rule 12 of the Code of Civil Procedure to submit that the report of the Special Referee has to be considered like a decree He submitted that no ground worth consideration has been made out for challenging the determination of the mesne profit. The report dated 16.02.2022 of the Valuer appointed by the defendant being relied upon, was obtained much after report of the Special Referee dated 31.08.2021 and therefore, cannot be made a basis to discredit an earlier determination made by the Special Referee. The defendant did not deny or