SHRIRAM PISTONS AND RINGS LTD Vs. BASANT KHATRI

JUDGEMENT

(1.) In this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908(CPC), the judgment and decree dated 8.11.2011 was challenged whereby the suit of the respondent/landlord/plaintiff was decreed for possession and mesne profits with respect to the suit premises being flat No. E-35, Third Floor, Himalaya House, 23, Kasturba Gandhi Marg, New Delhi-110001. At the time of issuing of notice in this appeal on 19.12.2011, limited to the aspect of mesne profits, a detailed judgment was passed dismissing the challenge so far as the same pertained to the issue of termination of lease and possession. The detailed judgment passed on 19.12.2011 dismissed the appeal by holding that the respondent/plaintiff/landlord was entitled to possession of the suit premises. The learned senior counsel for the appellant/defendant states that as of today, there is no challenge to the judgment dated 19.12.2011. On 19.12.2011, notice was issued in the appeal on the aspect of the issue of mesne profits. At the time of issuing of notice with respect to the mense profits, I observed as under:-

(2.) Learned senior counsel for the appellant/defendant argued the appeal on the issue of rate of mesne profits to be awarded under the following three heads:-

(3.) The detailed facts have already been adverted to by me while passing judgment on 19.12.2011 dismissing the appeal so far as the relief of possession is concerned, and I need not reproduce the same herein, however, para 2 of the said judgment dated 19.12.2011 encapsulates the facts and which reads as under:-