RAMBILAS RAMCHANRAJI MUNDHADA Vs. SHRIRAM SHALIGRAM MALVIYA

JUDGEMENT

(1.) AN important question of law arises regarding the rate at which future mesne profits can be granted in a Mesne Profits Enquiry arising out of a decree for possession passed in respect of premises governed by the provisions of Central provinces and Berar Letting of Premises and Rent Control Order, 1949 (thereinafter called, "(C and Berar Rent Control Order").

(2.) APPELLANT is a tenant of the suit premises, which consists of a residential block. Respondent filed CS No. 415/66 against appellant for possession after obtaining the requisite permission from the Rent Controller as required by the provisions of C.P. and Berar Rent Control Order. The said suit was decreed on 10.10.1969 with a direction to determine future mesne profits under Order 20, Rule 12, Civil Procedure Code. Respondent claimed mesne profits @ Rs. 10/- per day from 16.7.1966 i.e. the date of suit till 18.12.1970, the date on which he obtained possession. Appellant resisted the said claim inter alia on the ground that appellant was not entitled to claim mesne profits at a rate exceeding the amount of Rs. 70/- per month, which was the fair rent of the suit premises.

(3.) APPELLANTS filed RCA No. 142/77 challenging the said decision of the trial Court. Learned Extra Assistant Judge, Amravati by his order dated 22.11.1978 confirmed the order passed by the trial Court and dismissed the appeal. It appears from the judgment of the learned Appellate Judge that two decisions of this Court were cited before him in support of the rival views and the learned Assistant Judge has chosen to accept the decision reported in 1965 Mah. Law Journal 688 in preference to a later decision in CRA No. 496/71.