DENA BANK Vs. KAMLESH RANI

JUDGEMENT

(1.) This is an appeal arising out of the impugned judgment dated 26 th December, 2016 by which the suit for possession and mesne profits has been decreed in the following terms.

(2.) Admittedly, the possession has been handed over to Respondents/Plaintiffs (hereinafter, 'Plaintiffs') on 25th March, 2013. The only question, on which submissions have been heard, is in relation to quantum of mesne profits which has been awarded. Appellant-Bank was the Defendant in the suit (hereinafter, 'Defendant') filed by the Plaintiffs. Case of Plaintiff No. 1 is that she is the absolute owner of the property bearing No.GL-16A, Jail Road, Hari Nagar, New Delhi - 110064 admeasuring 320 sq. yds. (hereinafter, 'suit property').

(3.) The Defendant was inducted as lessee on 15th August, 1989 in respect of the portion of the ground floor of the property in area admeasuring 2086 sq. ft. approximately. Lease deed was duly registered and executed on 22nd February, 2003. Monthly rent was agreed for a period from 1st November 2002 to 31st October 2007 at a monthly rent of Rs.41,360/-. Lease was terminated as per the terms and conditions of the lease deed. Accordingly, the Plaintiff sought Rs.2 Lakhs per month as damages for unlawful occupation of the suit property. Plaintiff sought possession and arrears of rent as also damages for use and occupation. On 14 th September 2009, the suit was decreed for possession in favour of Plaintiff and accordingly possession was handed over on 25th March, 2013. Admittedly, rent was paid upto 31st March, 2013. Plaintiff led evidence of PW-1 Shri Ajay Kumar Gambhir who exhibited the following documents.