SARASWATI CONSTRUCTION COMPANY Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The present appeal has arisen out of the judgment and decree dated 7th September, 1998 passed by the learned Single Judge in a suit filed by the appellant as a plaintiff praying inter alia for a decree for possession of a premises known as B1/26-27, Community Centre, Janakpuri, New Delhi comprising of 4 floors, namely, basement, ground floor, first floor and second floor along with a decree for recovery of mesne profit at the rate of Rs.12 per sq. ft. per month for each floor w.e.f. 1st February, 1990.

(2.) By the impugned judgment and decree, the respondent bank was directed to hand over vacant and peaceful possession of the suit premises to the appellant by 31st July, 1999 and also to pay the appellant mesne profit @ Rs.10 per sq. ft. per month w.e.f. 1st February, 1990 till the delivery of the possession of the suit premises along with costs payable to the appellant.

(3.) Aggrieved by the aforementioned judgment and decree, the appellant has preferred the present appeal in which the appellant has claimed that the learned Single Judge ought to have awarded some mesne profit @ Rs.12 per sq. ft. per month as the same was the prevailing rent in the same building and that no interest was awarded by the learned Single Judge on the mesne profit to which the appellant was entitled. The respondent has also filed cross- objections in the present appeal stating inter alia that the mesne profit awarded by the learned Single Judge @ Rs.10 per sq. ft. per month was highly excessive and that the appellant was entitled to enhancement of 10% of the agreed rent as per the lease deed on the completion of every 5 years.