CENTRAL BANK OF INDIA Vs. INNOVATIVE BUILDERS

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant/bank/tenant against the impugned judgment of the Trial Court dated 16.7.2016 by which the trial court has decreed the suit so far as the relief of mesne profits is concerned for the period from 1.7.2011 to 21.6.2013 along with interest at 6% per annum simple. The amount decreed is Rs. 6,11,975/- per month, and which is decreed on the basis of Lease Deed Ex.PW1/15, a Lease Deed executed by the appellant/defendant/tenant while taking another premises on rent in the same area.

(2.) I do not have to set down the facts in detail, inasmuch as, there is no dispute that there is a relationship of landlord and tenant between the parties and this Court has only to determine as to what would be the mesne profits payable for the period from 1.7.2011 to 21.6.2013.

(3.) During the course of admission/denial of the documents the respondent/plaintiff filed and proved on record the Lease Deed Ex.PW1/15 as per which the appellant/defendant had taken premises no. 11-94, plot no. 11, Municipal no. 94 M, Block no. 90, Baird Road, Gole Market, New Delhi, area admeasuring 1952 sq. feet. on the ground floor at monthly rent of Rs. 5,25,088/- i.e Rs. 269 per sq. ft. with effect from 1.10.2012. It is at this rate of Rs. 269 per sq. ft. that the trial court has granted mesne profits for the subject suit from 1.7.2011 to 21.6.201