- (1.) On November 9, 1949 the State of West Bengal, the Defendant No.1 herein, requisitioned 1,000 square feet on the north western portion of the ground floor of Premises No. P-13, Mission Row Extension, Calcutta presently known as 27, R.N. Mukherjee Road, Kolkata. The Defendant No. 1 took possession of the requisitioned portion of the premises and put the Defendant No. 2 in possession thereof. The then owner of the premises entered into an agreement dated June 23, 1952 with the Defendant No. 1 for rent compensation in respect of the requisitioned portion. The rent compensation was fixed at Rs. 404/- per month. The premises were requisitioned under the West Bengal Premises Requisition & Control (Temporary Provisions) Act, 1947. An amendment to the 1947 Act was introduced which came into effect from March 31, 1987. The amendment, that is, Section 10B of the Act of 1947 provided that a requisitioned portion would stand automatically derequisitioned after expiry of a period of five years from the date of coming into force of the West Bengal Premises Requisition & Control (Temporary Provisions) Second Amendment Act, 1947. According to the plaintiff the requisitioned portion of the said premises stood automatically released from requisition with effect from April 1, 1992 by virtue of Section 10B.
(2.) The Defendant No. 1 requested the plaintiff by several letters to receive vacant possession of the suit premises. The Defendant No. 2 failed and neglected to make over possession thereof. The Defendant No. 2 continued to remain in possession. The plaintiff, thereafter, approached this Hon'ble Court under Article 226 of the Constitution of India by way of a writ petition being W.P. No. 1086 of 1999. Such writ petition was disposed of by an Order dated August 18, 1999. The First Land Acquisition Collector, Calcutta was directed to make over possession of the suit premises after evicting the occupiers therefrom as expeditiously as possible and to assess the rent compensation in respect of the suit premises for the period under requisition by the Order dated August 18, 1999.
(3.) The period of six months fixed by the Order dated August 18, 1999 expired on February 17, 1999. Possession was not made over to the plaintiff. The plaintiff after issuing a notice under Section 80 of the Code of Civil Procedure, 1908 dated August 31, 2000 filed the instant suit. In the instant suit the plaintiff sought compensation at the rate of Rs. 2,000/- per day on and from April 1, 1992 till August 31, 2000 and mesne profit at the rate of Rs. 3,000/- per day from September 1, 2000 till receipt of possession.;