KAILASH KAUR Vs. SANJIT KUMAR SAHA

JUDGEMENT

(1.) In this revision petition the petitioner seeks to challenge the order of the learned additional District Judge, Delhi dated 5/2/2001 thereby holding that the petitioner-decree holder is not entitled to the recovery of interest amount of Rs.1,14,497.50 paise for which execution was sought by the petitioner-decree holder.

(2.) Briefly, the relevant facts leading to the filing of the present revision petition are that the petitioner herein had filed a suit for possession and recovery of arrears of rent and damages/mesne profits for use and occupation of the tenanted premises. The suit of the petitioner was decreed vide judgment and decree dated 16/12/1998 for recovery of possession of back portion of house No.A-16, DDA, Naraina Vihar, New Delhi, and a sum of Rs.10,552.00 out of which Rs.9,987.00 was awarded as damages/mesne profits with simple interest at the rate of 15% per annum till the amount was paid. A further decree at the rate of Rs.7,040.00 per month for damages/mesne profits for use and occupation of the suit premises was also passed from the date of filing of the suit with simple interest at the rate of 15% per annum till such time the decree holder got back possession of the suit premises. Aggrieved by the said Judgment and decree, the respondent-judgment debtor filed a Regular First Appeal in this Court which came up for hearing before a Division Bench of this Court on 1/2/1999 when the Division Bench made the following order:-

(3.) On the next date i.e. 19/2/1999, the respondentjudgment debtor submitted his undertaking affidavit which was accepted by the Court by making the following order:-