T C PARIHAR Vs. S B B J

JUDGEMENT

(1.) THE applicants/appellants (legal representatives of late Sh. T.C. Parihar) have filed the present misc. application under Sections 151 and 152 for seeking correction/clarification in the judgment and order dated 28.09.2012 passed by this Court disposing of the first appeal (SBCFA No.109/2002) filed by the appellants for fixation of standard rent of the suit premises let out to the defendant SBBJ, which was vacated and handed over to the landlord on 30.09.2011.

(2.) THE suit for standard rent was decided by this Court on 28.09.2012 while disposing of S.B.C.F.A. No.109/2002 - LR's of T.C. Parihar Vs. SBBJ and it was directed while increasing the standard rent and the respondent was directed to pay the arrears of enhanced standard rent in the folloiwng manner in para 14 of the said judgment and decree dated 28.09.2012: -

(3.) THE present application has been filed by the applicants/appellants, legal representatives of late Sh. T.C. Parihar, submitting that in para 14 of the judgment, quoted above, the increase of 15% increase in the mesne profit/rent was required to be given for every block of five years period whereas by inadvertent error it was directed to be given for the entire block of period of 15 years from 28.08.1995 till 30.09.2011 when the vacant possession of the suit premises was handed over the landlord, whereas such 15% increase should have been made for every block of five years because that was agreed between the parties, which has been quoted in the order dated 28.09.2012 itself passed by this Court.