J BHAKTHAVASALA RAO Vs. INDUSTRIAL ENGINEERS

JUDGEMENT

(1.) This appeal is filed against the order, dated 29-10-2001, as amended through the order, dated 8-2-2002, in I.A.No.771 of 1996 (final decree) in O.S. No.13 of 1985 on the file of the Senior Civil, Judge, Nellore. The appellants are the owners of the premises bearing Municipal No.314 in Ward No. 15, R.R. Street, Trunk Road, Nellore. The building, together with the fixtures was leased to the respondents herein. The suit was filed for eviction of the respondents from premises and recovery of mesne profits. The building and the fixtures were shown as schedule 'A' and 'B' properties respectively. The suit was decreed on 23-4-1996. The respondents filed A.S. No.2893 of 1996 in this Court. It was dismissed on 18-2-1997. L.P.A.No.63 of 1997 was dismissed by a Division Bench on 24-7-1997.

(2.) The decree of the Trial Court, as regards the recovery of possession of the property, became final and was given effect to. The claim of the appellants for damages and use and occupation of 'A' and 'B' schedule properties was allowed to an extent of Rs.15,300/- and Rs.3,060/- respectively upto the date of the suit. It was left open to the appellants to institute separate proceedings for determination of mesne profits.

(3.) The appellants filed I.A.No.771 of 1996 under Order XX Rule 12 C.P.C. for determination of mesne profits. The Trial Court appointed an Advocate-Commissioner (for short 'the Commissioner') for this purpose. The damages for use and occupation of the premises with effect from 1-2-1985 till the date of recovery of possession i.e. 16-3-1998 were required to be determined. After considering the claims made before him, the Commissioner submitted a report on 28-8-1998. The Commissioner opined that the damages for use and occupation are payable at Rs.3/- per s.ft. from 1988 to 1991, at Rs.4/- per s.ft. from 1991 to 1994, at Rs.5/- per s.ft. from 1994 to 1997 and at Rs.6/- per s.ft. , for 1997-98.