UNION OF INDIA Vs. RUSTOM SAM BOYCE

JUDGEMENT

(1.) Union of India has filed these Civil Revision Applications challenging the Orders dtd. 3/3/2022 passed by the Appellate Bench of the Small Causes Court, by which Misc. Appeal No.325 of 2015 filed by the Applicant-Union of India has been dismissed, whereas Misc. Appeal No.354 of 2014 filed by the Respondent/Decreeholder is allowed by determining the mesne profits in respect of the suit property at the rate of Rs.2,50,000.00 per month from the date of filing of the suit i.e. 29/7/1979 till 20/11/2002 along with interest @ 6% p.a. By its order dtd. 9/5/2014, the Small Causes Court had determined the amount of mesne profits @ Rs.2,00,000.00 per month with a direction to pay the same from the date of filing of the suit till 20/11/2000 with interest @ 6% p.a. The Appellate Bench has enhanced the quantum of mesne profits to Rs.2.50,000 per month.

(2.) R.A.E.& R. Suit No.1429/4857 of 1979 was filed by Dr. Sam Framrose Boyce against Union of India and its Military Estate Officer for recovery of possession of the suit premises named Boyce Building situated at Gowalia Tank Road, August Kranti Marg, Mumbai-400 026 (suit premises). The suit premises were let out to Defendant-Union of India on monthly tenancy. It appears that during pendency of the suit, Original Plaintiff passed away and his heirs, Dr. (Mrs.) Roshan S. Boyce and Dr. Rustum S. Boyce were brought on record. The suit came to be decreed on the grounds of arrears of standard rent and permitted increases by decree dtd. 4/9/2000. Defendant-Union of India was directed to handover possession of the suit premises to the Plaintiff. The claim for arrears of rent was however dismissed. The Small Causes Court directed separate enquiry into mesne profits from the date of filing of the suit till handing over of possession of the suit premises to the Plaintiff. The decree was confirmed by the Appellate Bench of the Small Causes Court on 6/6/2002. The decree was thereafter executed on 20/11/2002.

(3.) The Plaintiff/Decree-holder took out Misc. Notice No. 794 of 2003 for quantification of mesne profits under the provisions of Order 20 Rule 12(1)(c) of the Code of Civil Procedure, 1908 (Code). The Small Causes Court allowed Misc. Notice No. 794 of 2003 and determined the mesne profits in respect of the suit premises at the rate of Rs.2,00,000.00 per month and directed the Defendant to pay the same from the date of filing of the suit i.e. 29/7/1979 till the date of execution of the decree i.e. 20/11/2002 alongwith interest @ 6% p.a.