ANANT RAJ AGENCIES PROPERTIES Vs. STATE OF PATIALA

JUDGEMENT

(1.) Appellant has assailed the impugned judgment and decree by virtue of which he has been awarded damages Rs. 67,025/- P.A. for use and occupation of the 1st floor of his premises in occupation of the respondent/bank. Challenge is primarily on the ground that the learned trial court failed to take notice of the rise in the market rate from the date of institution of the suit till the date of decree. According to appellant, the trial court was competent to award damages for use and occupation more than what was claimed by the Appellant Granting quantum of damages at the same rate for the period from the filing of the suit till the passing of decree or thereafter till delivery of possession is contrary to the well settled principle of law.

(2.) . Facts are not in dispute that the respondent/bank was tenant on the first floor of the premises bearing No C 31/32, Connaught Place, New Delhi having a total covered area of1915 sq.ft. The tenanc was to commence from 8th April, 1981 for a period of'5 years at an agreed rent was Rs 21,065/- per month. Respondent had the option to get the tenancy renewed for another period of five years subject to 10% enhancement of rent. Option was duly exercised by the respondent/bank to renew the lease for another period of 5 years which was accepted by the appellant. Accordingly the lease was extended for another period of 5 years at an increased rent of Rs.23,171.50 paise per month. The lease period expired by efflux of time. Even otherwise, the tenancy was terminated vide a legal notice. While terminating the tenancy the appellant also claimed mesne profit at prevalent market rate for use and occupation of the premises.

(3.) . Appellant filed suit in the year 1992 estimating the mesne profit/damages Rs.35/- per sq.ft. claiming Rs.67,025/- per month. By the impugned judgment the learned trial court granted the relief of mesne profit Rs.67,025/- per month in favour of the appellant from the date of institution of the suit till the delivery of the possession along with interest 15% from the date of its becoming due.