COMPACK ENTERPRISES INDIA (P) LTD Vs. BEANT SINGH

JUDGEMENT

(1.) The present review petition filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure filed by the tenant/appellant seeks review of judgment dated 14.02.2019 passed by HMJ Valmiki J Mehta, whereunder this Court had passed a common consent order disposing of the cross appeals filed by the landlord as also by the tenant. The tenant/appellant had preferred the appeal seeking reduction in mesne profits while the landlord had preferred the appeal seeking enhancement of mesne profits.

(2.) The appeals were disposed of by recording that the tenant will hand over to the landlord actual vacant possession of the suit property comprising of 5472 sq. ft. in the premises B-60, Ground Floor, G.T. Karnal Road Industrial Area, Delhi-33. It was further directed that the tenant-appellant would pay to the landlord mesne profits at the rate of Rs.1 lakh per month w.e.f. 01.10.2008, which figure of Rs.1 lakh would be increased by 10% after every 12 months i.e. from 01.10.2009, 01.10.2011, etc.

(3.) In support of the review petition, Mr.Rajesh Banati, learned counsel for the appellant/tenant has raised three principal submissions in support of his contention that the consent order dated 14.02.2019 suffers from an error apparent on the face of the record. The first and the foremost being that even though this Court had granted an enhancement of 10% in the awarded mesne profits every alternate year which according to him is evident from the reference to 01.10.2009, 01.10.2011, the order erroneously records that the mesne profits will be enhanced by 10% every 12 months, which it is contended is an error apparent on the face of the record, warranting review of the order.