SUSHI ENTERPRISES PVT LTD Vs. CEAT LTD

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff/landlord impugning the Judgment of the trial court dated 22.11.2017 by which the trial court while passing a decree for mesne profits for the period from 01.06.2008 till 14.07.2011 has granted mesne profits only at Rs.60/- per sq. ft. per month, and the case of the appellant/plaintiff is that higher mesne profits should have been decreed on the average rate between the rates of rent proved by the appellant/plaintiff in terms of the Lease Deeds Ex.P-2 (Rs. 230/- per sq. ft.), Ex.P-3 (Rs. 160/- per sq. ft.) and Ex.P-4 (Rs. 165/- per sq. ft.). The premises in question are flat bearing no. 12-B, 'Vandhna', 11, Tolstoy Marg, New Delhi in an area comprised in 1420 sq. ft. Admittedly the premises are in Connaught Place, New Delhi and the last admitted rate of rent paid was Rs. 64,255/- per month and which was the rate of rent payable by the respondent/defendant as per agreement with the earlier owner/landlord for the period from 2006 to 2009, noting that there was no registered lease deed for this period from 2006 to 2009 i.e. the tenancy was a monthly tenancy.

(2.) The subject suit as originally filed was for the reliefs of possession and mesne profits, and in view of allowing of the application under Order XII Rule 6 CPC of the appellant/plaintiff seeking a decree for possession against the respondent/defendant vide Order dated 03.09.2010, the respondent/defendant vacated the suit premises on 14.07.2011. Therefore, the trial court, as also this Court, has to determine the rate of mesne profits from 01.06.2008 to 14.07.2011.

(3.) The relevant para of the trial court which deals with the aspect of mesne profits is para 10, and which reads as under:-