LAWS(DLH)-2003-11-55

H L MEHRA Vs. INTER PUBLICITY PRIVATE LIMITED

Decided On November 07, 2003
H.L.MEHRA Appellant
V/S
INTER PUBLICITY PVT. LTD. Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5th November, 1999, of the Additional District Judge, Delhi in RCA No. 22/99, whereby the learned Appellate Court has reversed the order and finding of the trial court in respect of mesne profits and damages for use and occupation of the premises in question based on the judgment of the High Court in Anjini Devi Vs. V.S.T. Industries Ltd. [1999 (5) DRJ-807].

(2.) The question of law that arises for determination in this regular second appeal is whether the Appellate Court could have relied upon the aforesaid judgment to arrive at the conclusion that the law laid down is mesne profits can only be double the rate of the current rent.

(3.) The brief facts of the case as noted by the the Civil Judge are as follows :