SOCIEDATE VERLEKAR Vs. VAYSHALI JOTENDRA SARMALKAR AND OTHERS

JUDGEMENT

(1.) Heard Shri Guru Shirodkar, learned Counsel appearing for the Appellant and Mrs. Agni, learned Senior Advocate appearing for the Respondent nos. 2 and 3.

(2.) The above Appeal came to be admitted by an order dated 13.07.2007, on the following substantial questions of law :

(3.) I have heard Shri Guru Shirodkar, learned Counsel appearing for the Appellant and Mrs. Agni, learned Senior Counsel appearing for the Respondents, at length. The main dispute is whether the Respondents are liable to pay compensation/mesne profits to the Appellants on account of illegal occupation of a verandah which is appurtenant to the premises leased to the Respondents. The records reveal that the Appellants had filed the suit, inter alia, for an injunction restraining the Respondents from using the premises contrary to the purpose for which the premises were leased out. The Respondents disputed the said claim and the learned Trial Judge by Judgment dated 30.08.2004, came to the conclusion that the verandah was part of the leased premises. But, however, on account of illegal user of the premises leased including the verandah, a sum of Rs.10,000/- per month was ordered to be paid from March, 2002 until they stop occupying such premises. The Appellants and Respondents filed Appeals before the Lower Appellate Court challenging the said Judgment passed by the learned Trial Judge. Both the Appeals came to be disposed of by the impugned Judgment dated 25.08.2006, whereby the relief of compensation was set aside and a permanent injunction was granted restraining the Respondents from occupying or using the disputed verandah.