- (1.) On 14th September, 2009 the suit was decreed, undefended. The defendant, the Union of India did not contest the suit by filing a written statement. They did not even enter an appearance. However, at the time of trial of the suit, the Hon'ble Judge gave liberty to their learned counsel to cross-examine the plaintiff's witness.
(2.) On the same day the suit was decreed by directing eviction of the defendant. A learned advocate was appointed as Commissioner to determine mesne profits from 10th April, 2008 till the date of the filing of the suit and further mesne profits from 9th February, 2009 till recovery of possession. He was asked to determine it within three months from such date. The plaintiff got back possession on 30th June, 2011.
(3.) On 6th March, 2012 the Commissioner published a report computing mesne profits. He awarded mesne profits as follows: i) Rs. 28 per Sq.ft. per month for the financial year 1st April, 2008 to 31st March, 2009. ii) Rs. 29 per Sq.ft. per month for the financial year 1st April, 2009 to 31st March, 2010. iii) Rs. 31 per Sq.ft. per month for the year 1st April, 2010 to 31st March, 2011. iv) At the same rate till possession was handed back to the plaintiff by the defendant.;