RAJESH BANSAL Vs. A.S.RASTOGI

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 29th January, 2013 of the Court of the Additional District Judge (ADJ)-06 (Central), Delhi in Suit No.104/09/07 (UID No.02401C0887942007) filed by the respondent/plaintiff) of recovery from the appellants of mesne profits/damages for unauthorized use and occupation of Flat No.210, admeasuring 542.41 sq. ft. Bajaj House, 97, Nehru Place, New Delhi (after the determination of the tenancy of the appellants/defendants) @ Rs.50,000/- per month with effect from 5th September, 2007 till 2nd April, 2012, less the amounts for the said period already paid by the appellants/defendants.

(2.) Notice of the appeal was issued and vide ex-parte ad-interim order dated 29th May, 2013, subject to the appellants/defendants depositing the decretal amount in this Court, execution was stayed. In compliance therewith, a sum of Rs.18,83,750/- has been deposited in this Court. The appeal was on 7th August, 2013 admitted for hearing and the Trial Court record requisitioned and considering the limited nature of the controversy in the appeal, the appeal posted for actual hearing. The counsels have been heard.

(3.) The uncontroverted factual position is: