Smt. Sheela Gupta vs J. Mitra and Co. Ltd.

Valmiki J Mehta, J.—This case is on the Regular Board of this Court since 3.1.2011. No one appears for the parties although it is 2.45 p.m. This case is effective item No. 3 on the Regular Board of this Court today. I have therefore perused the record and I am proceeding to dispose of the matter.

The challenge by means of this appeal u/s 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 16.11.2000 whereby two aspects have been challenged, one being the claim of higher mesne profits and the second being the grant of interest on arrears of mesne profits.

By the impugned judgment and decree, the suit of the Appellant/landlord was decreed against the Respondent/tenant for possession and mesne profits at Rs. 7320/- per month from the date of termination of tenancy. The admitted rate of rent was Rs. 3660/- per month. In the appeal, the Appellant has prayed that since the witness of the Respondent/Defendant in his deposition admitted the prevailing rate of rent as Rs. 25-30 per sq. ft. in the year 1998, the court should have granted atleast such rate of mesne profits instead of giving only the double of mesne amount of rent. It is also urged in the appeal that since the arrears of mesne profits have been found to be due, and the Appellant has been deprived the use of monies, interest ought to have been granted.

I think the appeal deserves to succeed. The trial court has illegally and perversely not considered the admission of the Respondent''s own witness that the prevailing rent in the area of the tenancy premises, which is at Nehru Place, was Rs. 25-30 sq. ft. in the year 1998. The trial court has noted this aspect of the witness DW-1 testifying so, however, still damages have only be granted at double the rent i.e. at Rs. 7320/- per month. Accordingly, I allow the appeal and partly modify the impugned judgment and decree whereby it is ordered that the Appellant will be entitled to mesne profits at Rs. 30 per sq. ft. for the tenanted premises from 1st May, 1997 till the date of delivery of possession.

The trial court has also granted interest at 6% per annum on the pendente lite mesne profits till realization. It appears that this aspect has however been missed out in operative part of the judgment. I therefore direct that on the mesne profits at Rs. 30 per sq. ft. which I decree in favour of the Appellant and against the Respondent, the Appellant will be entitled to interest at 6% per annum simple, which would be calculated and payable from the last date of the month for which the mesne profits/damages would be payable.

The appeal is disposed of as partly allowed. Decree sheet be prepared. Trial court record be sent back.