Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a defendant in a suit for recovery of arrears of mesne profit and damages and is directed against an ex parte decree dated November 22, 2000 passed by the learned Judge, 10th Bench, City Civil Court at Calcutta in Money Suit No. 63 of 1997.,
(2.) The respondent herein filed the aforesaid suit for recovery of arrears of mesne profit and damages as well as interest on the following allegations: (a) The respondent is the owner of a flat being Flat No. 14C, situated on the fourteenth floor of a multi-storied building at premises No. 10, Lord Sinha Road where the appellant was inducted as a tenant in respect of the said flat along with one covered parking space in the ground floor. (b) The respondent filed a suit for recovery of possession of the said flat as well as parking space being Ejectment Suit No.348 of 1991 on the grounds, inter alia, that the appellant has made default in payment of rent from June, 1986 onwards at the rate of Rs.3,000/- a month. Ultimately, the appellant did not contest the suit and the learned Judge decreed the suit ex parte. (c) The appellant did not, however, deliver vacant possession of the property pursuant to the said decree and consequently, the respondent filed the suit for mesne profit at the rate of Rs. 20,000/- a month from the month of January, 1994 to January, 1997 as detailed in the plaint. The respondent also claimed interest at the rate of 12 per cent per annum.
(3.) In spite of service, none appeared on behalf of the appellant and the learned Trial Judge on the basis of ex parte evidence adduced by the respondent decreed the suit in full.;