HINDUSTAN PAPER CORPORATION Vs. KANTA MANOCHA

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 20th September, 2003 of the Court of the Additional District Judge, Delhi in Suit No. 179/2001 filed by the respondent) of recovery of mesne profits/damages for use and occupation against the appellant.

(2.) NOTICE of the appeal was issued and the trial court record requisitioned. Vide ex parte ad interim order dated 12th November, 2003, subject to the appellant depositing the entire decretal amount with interest in this Court, the attachment order in execution issued by the Trial Court was stayed. The appeal was on 9 th December, 2003 admitted for hearing. The appellant in pursuance to the ad interim order deposited an amount of Rs. 12,67,415/ - in this Court. Vide order dated 9 th December, 2003 the said amount was permitted to be withdrawn by the respondent subject to furnishing the security. The amount was so withdrawn by the respondent /decree holder against the bank guarantee which has been renewed from time to time. The appeal was on 29th January, 2013 dismissed in default of appearance of the appellant and the bank guarantee furnished by the respondent /plaintiff was discharged. However on application for restoration being filed by the appellant, the appeal as well as the bank guarantee were restored to original position. The counsels have been heard and the trial court record perused.

(3.) THE learned Additional District Judge, vide the impugned judgment, has awarded mesne profits/damages for use and occupation to the respondent/landlord @ Rs.50,000/ - per month from 18th April, 1999 i.e. from which date the tenancy of the appellant was terminated and till the vacation of the premises on 31st March, 2002, less the amounts already paid, finding, observing, holding ­