JUDGEMENT
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(1.) This is an appeal against judgment and decree dated June 29, 2009
passed by the learned Civil Judge (Senior Division), First Court at Alipore,
District: South 24 Parganas, in Title Suit No. 92 of 2008.
(2.) By the impugned judgment and decree, the learned trial judge decreed the
suit on contest without any order as to costs. The trial court granted a decree for
recovery of khas possession of the suit premises along with buildings and
structures standing thereon by evicting the defendant and its men and agents.
(3.) The trial court, also, granted a preliminary decree for mesne profit from the date
of institution of the suit till recovery of possession at such rate as to be
determined in a separate proceeding under Order XX, rule 12 of the Code of Civil
Procedure. The defendant was directed to vacate the suit premises within three
months. In default, liberty was granted to the plaintiff to put the decree into
execution.;
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