USHA GUPTA Vs. BANK OF INDIA

JUDGEMENT

(1.) Both appeals impugn the judgment and decree dated 10.04.2007 passed by the learned Additional District Judge, Tis Hazari Courts, Delhi (hereinafter referred as the learned 'Trial Court') in Suit No.294/2004 whereby the suit was decreed in favour of Smt.Usha Gupta for damages @ Rs.1.00 Lac per month for use and occupation of the suit premises by the respondent/ bank unauthorizedly for the period from 01.06.20003 to 30.01.2007, besides simple interest @ 6% per annum was also granted from date of filing of suit till realization with costs.

(2.) The dispute pertain to demised premises owned by Smt.Usha Gupta viz the ground floor, mezzanine floor and a basement measuring 1000; 400 and 1100 square feet respectively in property No.G-1, Hauz Khas Enclave, Mehrauli Road, New Delhi-110016 (hereinafter referred as 'subject premises'). Feeling aggrieved, appellant/Bank of India has filed RFA No.342/2007 praying dismissal of the suit and whereas owner/ Smt.Usha Gupta has filed RFA No.352/2007 for enhancement of the user charges to Rs.2.50 Lac per month for said period. Since both the appeals arise from the impugned judgment dated 10.04.2007 so both appeals are taken up and heard together.

(3.) The facts as enumerated are as under:-