SH RAM DEV Vs. SH LEKH RAJ

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 22.11.2010 which has endorsed the finding of the trial judge dated 18.09.2010 whereby the suit filed by the Plaintiff, Lekh Raj, for recovery of possession and damages/ mesne profits and permanent qua the suit property bearing No. A-2/19, (ground floor), Khajoori Khas, Delhi- 110094 had been decreed in his favour. Along with the decree of possession, decree for damages at the rate of 8,000/- per month had also been granted.

(2.) This is a second appeal. Possession of the suit property has since been handed over to the Respondent. This appeal has only impugned the finding of the courts below wherein damages have been awarded at the rate of 8000/- per month. It has been pointed out that the rent of the suit premises was 3850/- as has been held by the two fact finding courts; damages at the exorbitant rate of 8000/- per month was un-called for. It is submitted out that this has raised the substantial question of law.

(3.) Record shows otherwise. Issues had been framed. Relevant issue on damages had been framed as Issue No. 3. It reads as follows: