PRAVEEN DAVAR RETD Vs. HARVANSH KUMARI

JUDGEMENT

(1.) THE Respondent/Plaintiffs have filed the present application being CM No. 4710/2008 under Section 151 of Code of Civil Procedure praying for a direction to the Appellant/Defendants to deposit a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) per month as compensation for use and occupation of the suit premises from December 1994 till final decision in the present appeal.

(2.) BRIEFLY sated the material facts for this application are that the Appellant/Defendants in the year 1995 had filed a suit for recovery of possession and damages in respect of first floor of the premises bearing No. B- 32, Connaught Place, New Delhi - 110 001, hereinafter referred to as the 'suit premises'. The said suit premises admittedly comprises of three bed rooms, kitchen, bathroom, verandah facing the Central Park, Connaught Place.

(3.) ON 11th January, 2005 the trial court passed a preliminary decree of possession of the suit premises in favour of the Respondent/Plaintiffs, but directed a further enquiry to be held under Order 20 Rule 12 of Code of Civil Procedure in respect of mesne profits/damages to be paid by the Appellant/Defendants herein for unauthorized occupation of the suit premises.