S.B. Sinha, J. - (1.) The question which arises for consideration in this matter at this stage is as to whether a final decree should be directed to be drawn up in terms of the Report dated 21.2.2000 filed by Sri. M.K. Sengupta, a retired District Judge, appointed by this court in terms of the Order dated 29.7.99.
(2.) The factual-matrix of the matter is not required to be considered in detail inasmuch as the same had been stated by division bench of this Court in its order dated 29th July, 1999 while considering the appeal preferred from a judgment and decree dated 9th September, 1998. By reason of the said order the division bench directed: "This court heard the parties only on the question of right of the appellants to continue in possession and deferred the hearing of arguments on the question of mesne profits as this would have been dependent upon the finding of the nature of the possession of appellant in the premises. Accordingly we fix the matter on August 6, 1999 for hearing on the issue on mesne profits."
(3.) Upon having heard the learned Counsel for the parties, by an order dated 10th August, 1999, the division bench while setting aside the decree for mesne profits passed by the Learned single Judge for the second and third period appointed Sri Manash Kumar Sengupta, to hold an enquiry as regard quantum of mesne profits. The division bench further directed that until the mesne profits finally decreed, the appellant would continue to pay Rs. 50,000/- per month by way of monthly occupation charges in terms of the order of this court dated 7.10.96. Such payment was to be made subject to adjustment in the final decree. The appellant herein filed a Special Leave Application against the said decree and order dated 29.7.99 of the division bench. It is accepted at the Bar that the Apex Court now by an order dated 10.12.99 while staying the dispossession of the appellant permitted the respondent to withdraw a sum of Rs. 25,00,000/- which sum was lying deposited in this court and further directed the State to deposit the amount of mesne profits within six weeks. The amount of mesne profits has not yet been fixed as no final decree has yet been drawn up.;