Arijit Banerjee, J. - (1.) AT all material times the defendant was a tenant under the plaintiff in respect of an area of 10,855 sq. ft. on the third floor of premises No. 6, Lyons Range, Kolkata -01 (hereinafter referred to as 'the suit premises').
(2.) THE plaintiff filed CS No. 199 of 2005 for recovery of possession of the suit premises from the defendant and for mesne profit. In the said suit a decree was passed on 10th July, 2008 for eviction of the defendant from the suit premises and for an enquiry into the mesne profits under Order 20 Rule 12 of the Code of Civil Procedure. On 10th December, 2008 the Hon'ble Appeal Court dismissed the appeal preferred by the defendant. However, the Hon'ble Appeal Court stayed the operation of its judgment and order for a period of four months subject to the defendant paying occupation charges at the rate of Rs. 1.50 lakhs per month with retrospective effect from 10th July, 2008, being the date of the judgment and order of the Ld Single Judge.
(3.) BY an order dated 12th February, 2009 this Court appointed an Advocate Commissioner for the purpose of holding an enquiry into the mesne profits payable by the defendant to the plaintiff.;