BHIMSEN A. MAMTANI Vs. LAKME LTD.

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree dated 22.07.2005 which had modified the order of the trial Judge dated 24.11.2004. Admittedly the possession of the suit property i.e. Flat No. 307, 3rd floor, Ansal Bhawan, K.G. Marg, New Delhi has since been handed back to the Plaintiff. What remained before the trial court were the issues of mesne profits and the difference in the house tax which was claimed by the Plaintiff. Vide judgment and decree dated 24.11.2004, the suit of the Plaintiff qua these issues had been dismissed. Trial Judge was of the view that no evidence has been led by the Plaintiff on the mesne profits; he was also not entitled to the difference in house tax.

(2.) IN appeal, vide the impugned judgment and decree dated 22.07.2005, the findings of the trial Judge were modified. While dismissing the claim of the Plaintiff seeking mesne profits, the claim of the Plaintiff for the difference in payment of house tax i.e. the claim of Rs. 48,945.80 paise had been decreed in favour of the Plaintiff with proportionate costs and interest @ 12% per annum from the date of filing of the suit till realization.

(3.) COUNSEL for the Appellant has urged that the case be remanded back to the trial court in order that he may prove documents to the effect that the mesne profits for adjoining area were of the same amounts which he had claimed in his plaint. This request has been vehemently opposed. Admittedly till date even before this Court, there is no application filed by the Appellant seeking permission to adduce additional evidence. At this stage, this request cannot be entertained by this Court which is not a third fact finding Court.