SABYASACHI BHATTACHARYYA,J. - (1.) The contention raised by the defendant in a suit for eviction, mandatory injunction, permanent injunction and mesne profits, is that the trial court, by the impugned order, directed the defendant/petitioner to pay Rs. 2,50,000/- (Rupees two lakh and fifty thousand) only per month to the plaintiff/opposite party during pendency of the eviction suit by way of occupation charges.
(2.) It is argued by learned senior advocate appearing for the petitioner that the court below had no jurisdiction to direct mesne profits to be deposited during pendency of the suit in the garb of occupation charges, since the grant of mesne profits is a subject matter in the suit itself and could not be decided before final adjudication of the suit.
(3.) Such contention is controverted by learned counsel for the opposite party on the premise that since there is no specific provision to either grant of such mesne profits during pendency of the suit nor any prohibition to do so, the court below was entitled, under its inherent powers, to grant such mesne profits for the ends of justice.;