STANDARD CHARTERED BANK Vs. RAGHUBIR SARAN CHARITABLE TRUST

JUDGEMENT

(1.) RAGHUBIR Saran Charitable Trust (hereinafter referred to as the Trust) owned two properties bearing municipal No. 6143, Block -E, Circus -D, Connaught Place, New Delhi and 6149 Block -E, Circus -D, Connaught Place, New Delhi and vide two registered lease -deed dated January 31, 1998 and March 18, 1999 let out the two properties to ANZ Grindlays Bank Ltd., the name whereof was changed to Standard Chartered Grindlays Bank Ltd. when the entire issued share capital of ANZ Grindlays Bank Ltd. was acquired by the Standard Chartered Bank. Alleging subletting contrary to the terms of the two lease -deeds without its permission, the Trust filed two suits for ejectment and mesne profits. Vide judgment and decree dated April 02, 2005 challenged in RFA No. 319/2005, decree for possession has been passed by the learned Additional District Judge pertaining to property No. 6149. Issue pertaining to mesne profits has been kept pending for decision, and regretfully we note that in spite of seven years lapsing a final decree for mesne profits has yet to see the light of the day.

(2.) ADMITTING RFA No. 319/2005 on November 23, 2006, record of the suit was returned hoping that the learned Additional District Judge shall decide the issue by quantifying the mesne profits. In the meanwhile CS(OS) NO. 37/2003 filed by the Trust has been dismissed by a learned Single Judge of this Court vide impugned decision dated April 29, 2013 challenged by the Trust in RFA(OS) No. 105/2013.

(3.) THUS , we shall be referring to the pleadings of the parties and the evidence in CS(OS) No. 37/2003.