Kayan Oil & Nut (India) Private Limited vs Al Burhan Engineering Companuy Private ... on 9 August, 2019
The learned senior advocate for the opposite party next cites
a judgment of a co-ordinate bench of this court in the case of
Kamakhya Singhdeo vs. Modula India reported at (2008) 3 Cal.
L.T. 562 (H.C.), wherein it was held that a landlord in a suit for
recovery of possession under the West Bengal Premises Tenancy
Act, 1956 could legitimately add to the amount calculated on the
basis of twelve months rent, the amount claimed by him on account
of past mesne profits or damages, by whichever expression he
describes it. The damages claimed by the plaintiff at the reasonable
letting out value of the suit premises, alleging that by remaining in
wrongful possession of the property, the defendant became liable to
pay the amounts, which are nothing but mesne profits within the
meaning of Section 2(12) of the Code of Civil Procedure. As such,
4
the learned Single Judge sanctioned the clubbing of mesne profits
with eviction for the purpose of ascertaining the valuation of the
suit property in the said reported case.