Valmiki J. Mehta JUDGMENT
Valmiki J. Mehta, J.
C.M. 2068/2018(exemption)
Exemption allowed subject to just exceptions.
CM stands disposed of.
RFA No. 54/2018 & C.M. 2067/2018(stay)
1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is filed by the appellant/tenant/Oriental Insurance Company Limited impugning the judgment of the trial court dated 30.08.2017 whereby the trial court has decreed the suit filed by the respondent/plaintiff/landlord for mesne profits.
2. It may be noted that the suit filed by the respondent/plaintiff/landlord was for both possession and mesne profits. On account of a decree earlier being passed under Order XII Rule 6 CPC against the appellant/defendant, during the pendency of the suit, the appellant/defendant vacated the suit premises on 25.03.2014. However, the mesne profits have been granted by the trial court not later till 25.03.2014 but earlier only till 31.12.2013 inasmuch as there was an offer made by the appellant/defendant to vacate the suit premises by 31.12.2013, but the respondent/plaintiff did not take possession of the suit premises and ultimately took possession only in Court on 25.03.2014 pursuant to an application filed by the appellant/defendant for handing over possession.
3. The limited issue in this appeal is as to what should be the rate of mesne profits which should be payable by the appellant/defendant for the suit premises for the period from 01.02.2011 to 25.03.2014. The suit premises are bearing No. X/2538, commonly known as 4/12, Asaf Ali Road, New Delhi. Appellant/defendant was a tenant in a portion of 1250 sq. ft. on the fourth floor of the aforesaid premises and which are the suit premises.
4. In my opinion trial court has very extensively dealt with the issue with respect to rate of mesne profits payable by referring to the lease deeds filed by both the parties for arriving at a conclusion for payment of mesne profits at Rs. 100/- per sq. ft. per month in paras 29 to 34 of the impugned judgment. These paras read as under:-
"29. The defendant has placed on record (i) lease deed dated 20.04.2004 executed between the Amrapali International and Ban of India in respect of the Ground Floor, Mezzanine Floor and Basement of the property situated at 4/8, Asaf Ali Road, New Delhi-110002 which is Ex. DW1/5 (rate of rent Rs. 37.50 per sq. ft. per month) (ii) The lease deed dated 05.03.2003 executed between the Oriental Insurance Company Limited and UCO Bank in respect of the property No. A-25/27, Ground Floor, Oriental House, Asaf Ali Road, New Delhi which is Ex. DW1/6 (rate of rent of Rs. 22.50 per sq. ft. per month) (iii) The lease deed dated 25.10.2007 executed between M/s. Laxmi Aggarwal and Union Bank of India in respect of property No. 4/14-A, Asaf Ali Road, Delhi which is Ex. DW1/4(rate of rent Rs. 44.16 per sq. ft. per month).
30. However, the damages/mesne profits are to be determined for the period 01.02.2011 onwards. It is seen that the lease deeds which have been produced by the defendant were executed much prior to the date relevant for determination of damages/mesne profits and accordingly the lease deeds produced by the defendant cannot be of much assistance for determining the same. Whereas the lease deeds produced by the plaintiffs are of later dates.
31. The plaintiff has placed on record lease deed dated 09.02.2009 executed between Growth Security Private Limited and Axis Bank Limited in respect of property No. 4/10, Asaf Ali Road, New Delhi which is Ex. PW 3/1. As per this lease deed the rate of rent was Rs. 91/- per sq. ft. per month approximately.
32. The plaintiff has further placed on ........