SHRI ASHWANI KUMAR MEHRA Vs. CANARA BANK

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 23.9.2017 by which trial court has dismissed the suit for mesne profits with respect to suit property bearing no.G-25, NDSE-Part-I, New Delhi.

(2.) It may be noted that the subject suit, which was for possession and mesne profits, was filed on the Original Side of this Court, and during the pendency of the suit before the original side, a learned Single Judge of this Court passed a decree for possession under Order XII Rule 6 CPC on 18.7.2011, and pursuant to which decree for possession the respondent/defendant/tenant has vacated the suit premises on 31.3.2013.

(3.) Trial court by the impugned judgment has dismissed the suit for mesne profits by holding that the respondent/defendant/tenant continued to pay rent after termination of the tenancy and therefore it is a tenant effectively by holding over, and once a person is tenant by holding over then for the period for which the tenant has stayed in the suit premises by paying rent, no mesne profits can be awarded.