UNION BANK OF INDIA Vs. VITHALBHAI PVT LTD

JUDGEMENT

(1.) This appeal has been filed challenging a judgment and decree dated 12.2.1992 passed by the learned single Judge in Suit No. 272 of 1984. By the said judgment and decree the learned judge decreed the suit in terms of prayers (a) and (b) of the plaint. The learned Judge also gave a decree for vacant possession of the suit premises and also passed a preliminary decree appointing an Advocate for ascertaining the mesne profit on and from 25.6.84 untill delivery of posesion. It was also ordered that upon conclusion of the enqiry, the plaintiff-respondent will be entitled to apply for final decree for the amount found due. On this appeal being filed against such judgment and decree, the appeal Court granted stay of the exectution of the decree for ejectment but did not interfere with the direction for enquiry into mesne profits.

(2.) The basic facts of the case, which are not in dispute, are stated hereunder:

(3.) Vithalbhai Pvt. Ltd., a company incorporated under the Companies Act became a lessee under a lease deed dated 25.6.1963 for a period of 21 years from the superior landlord, namely, M/s. Wachel Molla & Sons Pvt. Ltd., in respect of the suit property. In terms of the lease deed the said lease between the plaintiff respondent and the superior landlord was due to expire on 25.6.1984. On 1.4.1964 the defendan-appellant was inducted in the said leasehold property as a sub-lease at a monthly rent of Rs. 2975/- and possession was delivered to the defendant-appellant on and from 1.4.1964 but the lease was dated 17.4.1964. The lease was to expire on 24.6.1984.