- (1.) I have the opportunity to read the well-versed judgment of Hon'ble Justice Mr. Arijit Banerjee. I fully agree with his Lordship's view on the cross-objection raised by the bank. In my considered view, Section 47 of the Code of Civil Procedure would have no application in the instant case. I do not wish to reiterate the reasons that the learned Single Judge discussed in detail and once again considered by His Lordship. I am in full agreement with them on the issue. I thus hold the cross-objection filed by the bank not tenable and, as such, is hereby dismissed.
(2.) On the aspect of fixation of rent, I am in full agreement with the learned Single Judge as well as His Lordship Hon'ble Mr. Justice Banerjee on the power of the Court to fix the rent in the circumstances involved herein. I am in full agreement.
(3.) His Lordship upheld the decision of the learned Single Judge on the fixation of rent @ Rs.14.50 per sq. ft. , thus upheld the decision on the issue rendered by the learned Single Judge. With all humility, may I join issue.;