Legal Question in Real Estate Law in India

Dear Sir,
Out eviction suit for recovery of a premises , given under a registered lease, which expired in 1995, is pending against an erstwhile tenant in the City Civil Court, Calcutta since 1995. The hearing of the suit has not commenced because of latches in the Indian judicial system, despite us obtaining orders from Hon'ble Supreme Court for expeditious hearing of the matter.
The suit premises, measuring about 5000 sft, is located in prime commercial area of Kolkata, where fair rental value has been recently evaluated at Rs. 218/- per sft by an High Court emapanelled valuer. The illegal occupant is currently depositing in the Hon'ble High Court, as per its direction, Rs. 1/- per sft, amounting to Rs. 5000/-, the rent payable under the registered lease.
Substantial time has elapsed since filing of the suit and over the years rentals have increased drastically. Also there is no certainty as to when the suit might be disposed of in the Indian courts.
In the said circumstances, we wish to know whether there is any provision under the law whereby we can compel the illegal occupant to deposit as security money the fair rental value calculated as per the the Valuer's report with the Court. I have been informed that the question of paying mesne profits to the landlord arises only after a decree is given by the court. But our concern is more for our security than any other reason, and we do not wish to enjoy the benefit of the money at this stage. We are simply uncertain whether the illegal occupant, which is limited company in the jute industry, may be sufficiently endowed with sufficient funds to enable it to pay the mesne profits accrued since 1995 in one stroke at a future date whenever the decree is obtained. For this reason we desire that the illegal occupant deposits an amount with the Court, rather than us, on a monthly basis, the benefit of which can be given to us only after decree is given.
It is also pertinent to mention here that we had asked for mesne profits @ 5000/- per diem in the plaint that was filed in 1995.
I request the respected people of this website to provide their opinion in the matter.

Asked on 8/09/12, 11:09 pm

Shrichand Nahar S.V.Nahar, Advocate

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For such a long query, consult your lawyer in person with all the details.

Answered on 9/02/12, 9:58 pm

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