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On the quantification of mesne profit, it was contended on behalf of the plaintiff that, the plaintiff was entitled to mesne profit. The defendants did not pay rent to the plaintiff since February 1975. The plaintiff contended that, the calculation of mesne profit should be directed to be made under Order XX Rule 12 of the Code of Civil Procedure, 1908.

On behalf of the defendant it was contended that, the sub-lease expired on February 8, 1975. After such expiry a new tenancy came into being between the Defendant No. 6 and Lalita Sadhukhan on the basis of an oral agreement. It was next contended that, the owners of the premises, the Kolkata Port Trust obtained a decree for eviction against the superior landlord Smt. Lalita Sadhukhan. Such decree was obtained by consent of the parties. Consequent to such decree, the status of the plaintiff as the landlord of the Defendant No. 6 underwent a change. The defendants referred to the decree dated March 17, 1978 passed in Ejectment Suit No. 1442 of 1974 and the Ejectment Execution Case No. 125 of 2000.

Exhibit '1' also showed that, an eviction proceeding was initiated which was numbered as Ejectment Execution Case No. 125 of 2000. The eviction proceeding was initiated by the Board of Trustees for the Port of Kolkata against Lalita Sadhukhan. The order bearing No. 100 dated February 14, 2001 was the last order which was produced in evidence. The result of the Ejectment Execution Case No. 125 of 2000 was not placed on record. From the Order dated February 14, 2001 it did not appear that Lalita Sadhukhan was evicted from the suit premises. Till date the defendants were in actual physical possession of the suit premises.