JAGMOHAN BEHL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This civil suit for recovery on account of mesne profits is one more in a series of cases that came to be instituted by or between the parties, against the backdrop of lease that had been granted in 1986, by the plaintiff, respecting commercial premises described as a portion comprising of 1575 sq. ft. out of which 771 sq. ft. on the ground floor and the remaining 804 sq. ft. on mezzanine floor in the larger property bearing Municipal No.M-46, Connaught Circus, New Delhi, initially in favour of State Bank of Indore, which merged with the defendant in 2010.

(2.) It be noted at the outset that in the wake of decree of possession granted in favour of the plaintiff by judgment dated 01.05.2002 by the court of Additional District Judge in civil suit no.340/2001, inter alia, on the averments of the lease having come to an end due to efflux of time, also by service of a notice of termination, the said decree having been challenged by the defendant in RFA 361/2002 and becoming final and binding upon it being not pressed on merits and instead the defendant being allowed, as prayed, one year's time to vacate conditional upon payment of mesne profits tentatively assessed, by order dated 25.08.2011, the vacant possession of the subject premises was actually handed over by the defendant and received by the plaintiff on 25.02013. During the pendency of the said appeal against the decree of possession, the plaintiff had instituted certain other proceedings including another civil suit, it being CS (OS) 2008/2010, also praying for a decree for recovery of mesne profits in respect of the same very premises, the period covered by the said earlier suit being 01.09.2007 to 30.08.2010 and further with effect from 01.09.2010 till the date of decree in that suit, along with interest.

(3.) By the suit at hand, instituted on 26.07.2014, the plaintiff prays for recovery of mesne profits for the period 01.05.1997 until Aug. 2007, that is to say for the period anterior to the period for which similar relief was claimed by CS (OS) 2008/2010.