Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--- ----0. XX, R.12 ---Suit for mesne profits and other charges on account of wrongful occupation of plaintiff's premises by defendant---Quantum of mesne profits---Plaintiff had not deposed to quantum of mesne profits to which he was entitled---In absence of such evidence, recourse would be had to the quantum of rent that was being paid by the previous tenant---Plaintiff was therefore, allowed mense profits at the said rate for the period defendant remained in wrongful possession and decree to that extent was granted in his favour. [p. 280] A Civil Procedure Code (V of 1908)---       .O. , R 12 & S.2(iL)---Mesne profits---Entitlement to electricity charges and telephone bills---Electricity bill as demanded by Authority was produced by plaintiff---Amount entered in such bill remained unchallenged --_Plaintiff was, thus, entitled to specified amount as entered in the last bill of electricity-- Amount relating to telephone bill having not been claimed in suit, could not be decreed in favour of plaintiff---Defendant was, thus, liable to pay electricity charges amounting to specified sum and to the extent of that amount decree was granted to plaintiff. (p. 281) B Civil Procedure Code (V of 1908)--- ----0. XX, R.12 & S.2(12)---Mesne profits---Entitlement to claim water and conservancy charges and costs incurred on repair of fixtures, fittings, shutters, etc: =-Plaintiff's such claim having not been established through evidence, he was not entitled to such claim. (p. 281) C Abrar Hassan for Petitioner. Aziz w Rehman for Defendants Nos.l and 2. Nemo for Defendants Nos.3 and 4. Date of hearing: 20th September, 1994. JUDGMENT   The case of the plaintiff, as disclosed in the plaint, is that he is the owner of shop No. 123-C, situated in Commercial Area Market `B', Defence Housing Authority, Karachi. The said shop was let out by him to defendant No.l under agreement dated 30-6-1971. Initially the rate of rent was Rs.150 per month which was increased to Rs.300 per month. In April, 1978, the plaintiff went to U.S.A. and came back in August, 1979. During his absence from Karachi, one A.K. Khan…