PUNJAB NATIONAL BANK Vs. DELHI PROPERTIES

JUDGEMENT

(1.) THE only issue which is called for decision in the present appeal is the rate of mesne profits because the appellant bank has already surrendered possession of the tenanted premises on 31.1.2001 to the respondent/landlord.

(2.) THE facts of the case are that premises being Flat No.113, Second Floor of Pratap Building, Connaught Circus, New Delhi were let out to the appellant/defendant at a rent of Rs.14,577.11 per month. THE tenancy was on month to month basis and was terminated by a notice dated 30.6.1992 under Section 106 of the Transfer of Property Act, 1882. THEre is no dispute to these facts.

(3.) I may note that the tenancy was originally from 23.7.1980 therefore, when the rate in the year 1980 was Rs.10,952/-, then, surely, after 10 years, the respondent/plaintiff was justified in claiming the rent of Rs.41,070/- p.m as premises in question are situated in the commercial hub being Connaught Circus, New Delhi.