MUTHOOT FINANCE LIMITED Vs. KAILASH RANI & ORS

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 31st October, 2014 of the Court of the Additional District Judge (ADJ) -02, North, Rohini Courts, Delhi decreeing CS No.325/2014 filed by the four respondents/plaintiffs namely Smt. Kailash Rani, Smt. Rita Sharma, Smt. Rosy Sharma and Smt. Rekha Sharma for ejectment of the appellant/defendant from Unit No.201, Second Floor, Aggarwal Plaza, Plot No.4, B/N Block, Local Shopping Center, Shalimar Bagh, New Delhi and for recovery of mesne profits / damages for use and occupation @ Rs.1,50,000/ - per month with effect from the date of determination of tenancy i.e. 1 st March, 2012 till the date of vacation of the premises along with pendente lite interest @ 15% per annum.

(2.) The appeal came up first before the Court on 10th February, 2015 when, while issuing notice thereof, subject to the deposit by the appellant of a sum of Rs.11 lakhs in this Court, the operation of the judgment and decree was stayed. The said amount is reported to have been deposited. Attempts at amicable settlement failed. On 25th August, 2015, the counsel for the appellant undertook to pay future monthly use and occupation charges @ Rs.1 lakh per month. The counsels were heard on 29th April, 2016 and on completion of hearing, finding elements of amicable settlement to be still existing, the matter was adjourned to today.

(3.) No compromise has been possible between the parties.