- (1.) WE have heard the Counsel for the parties length.
(2.) IN this matter, the suit filed on 16th of January, 2001 by the respondent/ plaintiff with the following prayers: " (a) Decree for Rs. 38,47,824/- on account of rent for the months of April, 2000 to December, 2003 claimed in paragraph 17 hereof together with interest @ 8. 33% per annum. (b) Declaration that the defendant is liable to pay rent @ Rs. 6/- per sq. ft. per month from April, 2000 onwards for a period of 10 years from April, 2000 and direction upon the defendant to make payments accordingly on account of rent for the godown described in Schedule "a" hereto, (c) Alternatively decree for adjudication, determination and settlement of monthly rent in respect of the subject godown more fully stated in Schedule "a" hereto and decree for such sum as may be determined by this Hon'ble court for the period of 1st April, 2000 onwards along with interest at the rate of 8. 33% per annum from the dates such rent fall due; (d) Mandatory injunction directing the defendant to pay the rent at the rate fixed by this Hon'ble Court for the period 1st April, 2000 onwards along with interest at the rate of 8. 33% per annum from the dates such rent fall due; (e) Interim interest and interest on judgment at the rate of 8,33% per annum; (f) Receiver ; (g) Injunction; (h) Costs ; (i) Such further or other reliefs. "
(3.) IMMEDIATELY after filing of the suit, the plaintiff has filed an application for appointment of a Commissioner with a prayer to give direction to the commissioner for fixation of the rent which would be payable by the defendant in the year 2001 itself. By an order dated 18th of January, 2001 the Trial Court granted the prayer for appointment of a Commissioner with certain directions.;