DEBANGSU BASAK,J. - (1.) IN a suit for eviction and for mesne profit I had passed a decree for eviction on May 26, 2014 and had appointed a Special Referee for the purpose of computation of mesne profits. The Special Officer has submitted his report dated December 30, 2014 computing the mesne profits receivable by the plaintiffs from the defendants.
(2.) THE present application is at the behest of the defendant nos. 1b and 7 taking exception to the report dated December 30, 2014 of the Special Referee.
(3.) LEARNED Senior Advocate for the defendant nos. 1b and 7 submits that, the Special Referee has proceeded to compute mesne profits on the basis of rent receivable by the Kolkata Port Trust authorities from Lalita Sadhukhan. The documents produced in support of such claim for rent was not adequately proved before the Special Referee. No person from the Kolkata Port Trust authorities came to depose as to the veracity of the contents of the documents produced before the Special Referee. Entries in a statement of account would not foist any liability on his client. He relies upon Section 34 of the Evidence Act, 1872 and (Ishwar Dass Jain v. Sohan Lal, 2000 AIR(SC) 426) in support of his contention. He also contends that, the entries in the statement of account are required to be proved and that in the instant case the same were not adequately proved for the Special Referee to compute the mesne profits. In support of his contention that entries in the statement of account are required to be proved, he relies upon (Bibi Imambandi and Ors. v. Haji Motasuddi and Ors, 1912 15 CalLJ 621) and (Y. Venkanna Chowdry and Anr. v. G. Lakshmidevamma and Ors, 1994 AIR(Mad) 140). Learned Advocate for the plaintiffs contends that, adequate evidence was placed before the Special Referee to compute the mesne profits. He refers to the definition of mesne profits given in Section 2(12) of the Code of Civil Procedure, 1908. He contends that, the Kolkata Port Trust authorities had given details of the rent receivable in respect of the plots of land in question. Such details are in writing. The same was adequately proved before the Special Referee. He supports the report filed by the Special Referee.;