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22. The duration of lis and relationship of the parties was considered to be a relevant factor having a bearing on the decision of issue as to the mesne profit in 2013 SCC OnLine Cal 5938 (Casyab Pvt. Ltd. Vs. Central Bank of India).

23. Relying upon 2013 SCC OnLine Cal 22867 (Govind Prasad Kothary vs. State of West Bengal), learned Advocate for the landlord submits that the learned Rent Controller failed to exercise his power under Section 39 of the Act of 1997 which provides for appointment of commissioner for assessment of valuation.

52. In Casyab Pvt. Ltd (supra), in an action for eviction, the duration of lease and relationship of the parties were considered to be relevant factor which would have a bearing in deciding the issue of mesne profit.

53. In Govind Prasad Kothary (supra), a Coordinate Bench of this Court held that, "28. On plain reading of section 17 of the said Act, we are of the view that duty is cast upon the Rent Controller to assess fair rent whenever such an application is filed and since neither party could produce any material to substantiate their respective contentions, the Rent Controller was well within his power in appointing a Commissioner for assessment of fair rent."