CANARA BANK Vs. M K GUPTA

JUDGEMENT

(1.) BY this judgment, seven appeals are being disposed of inasmuch as they arise from identical judgments of the trial Court, and they involve same issues of facts and law. For the sake of convenience, reference is being made to the facts of Regular First Appeal (RFA) No. 428/2011.

(2.) THE challenge by means of this Regular First Appeal filed under Section 96 Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 29.4.2011. By the impugned judgment, trial Court has decreed the suit filed by the respondents/plaintiffs/landlords for recovery of mesne profits qua the tenanted premises.

(3.) AFTER the completion of pleadings, the trial Court framed the following issues:- 1. Whether the suit of the plaintiffs is not maintainable on account of mis-joinder of causes of action? OPD 2. Whether the plaintiffs are entitled to a decree in the sum of Rs.7,45,718.40p., as prayed for? OPP 3. Whether the plaintiffs are entitled to a decree of possession in respect of the impugned flats No. F-2 and G-12 admeasuring 548 sq. ft.? 4. Whether the plaintiff are entitled to future mesne profits and at what rate? OPP 5. Whether the plaintiff are entitled to interest @ 24% from the date of filing of this suit till realization? OPP 6. Relief, if any.