Syndicate Bank v. Kewal Krishan Chopra & Ors

judgment and decree dated

29.9.2007 by determining the mesne profits for the 3 properties from

1.10.1992 to 31.7.1999 @ Rs.19.75/- per sq. foot per month. We maintain the directions in the impugned decree pertaining to other charges.

29.

We further hold that the respondents would be entitled to interest on the mesne profits awarded by us with effect from the date rent was to be paid each month, of course, while calculating the interest the last agreed rent which was tendered by the bank and received by the respondents without prejudice to their rights would be adjusted. Similarly, while

quantifying the decretal amount the amount paid each month would be adjusted. The interest payable by the appellant to the respondents would be @6% per annum.

30.

We note that the appellant has deposited 50% of the decretal amount in this Court pursuant to order dated

13.5.2008 passed in each appeal. Since the respondent would be entitled to more than 50% decretal amount even as per the modified decree passed by us, we direct the Registry to pay over the amount deposited by the appellant to the respondents.

31.

No costs.

PRADEEP NANDRAJOG, J.

J.R. MIDHA, J. November 5, 2008 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : September 20, 2008 % Judgment delivered on : November 5, 2008 + RFA 73/2008 SYNDICATE BANK ..... Appellant Through: Mr. V.K.Dhar, Advocate VERSUS KEWAL KRISHAN CHOPRA & ORS. ..... Respondents Through: Mr. Ravi Gupta, Advocate RFA 75/2008 SYNDICATE BANK ..... Appellant Through: Mr. V.K.Dhar, Advocate VERSUS KEWAL KRISHAN CHOPRA & ORS. ..... Respondents Through: Mr. Ravi Gupta, Advocate RFA 77/2008 SYNDICATE BANK ..... Appellant Through: Mr. V.K.Dhar, Advocate VERSUS KEWAL KRISHAN CHOPRA & ORS. ..... Respondents Through: Mr. Ravi Gupta, Advocate CORAM: Hon'ble Mr.Justice Pradeep Nandrajog Hon'ble Mr.Justice J.R. Midha 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. Vide three separate lease deeds executed by the respondents in favour of the appellant entire second floor and two portions on the third floor of property bearing Municipal No.66, Swami Shardanand Marg, Delhi were leased to the appellant for a period of 5 years with effect from 1.5.1981 to 30.4.1986. 2. Property leased on the second floor ad-measured 1855 sq.ft. The two portions leased on the 3rd floor ad- measured 1085 sq.ft. and 770 sq.ft. respectively. The rent for the second floor portion was Rs.12,985 per month. For the portion ad-measuring 1085 sq.ft. on the 3rd floor the monthly rent was Rs.7,595/-. For the portion ad-measuring 770 sq.ft. on the 3rd floor the monthly rent was Rs.10,000/-. 3. For each portion let out, a monthly maintenance charge towards lift and water pump was also payable. Said amounts are not being noted by us for the reason the instant appeal relates only to the question of determination of mesne profits for the period 1.10.1992 to 31.7.1999. 4. After expiry of the lease period on 30.4.1986, with effect from 1.5.1986 till 30.4.1991, all leases were extended with rent enhanced by 40%. 5. The respondents were prepared to further extend the lease period by a period of 5 years with effect from 1.5.1991 but demanded further 40% increase in rent. The bank did not accept the same. 6. Alleging that appellants had lost the right to occupy the three portions as the lease period had expired by efflux of time and additionally pleading that by way of abundant precaution the leases were determined, respondents sought ejectment of the appellants and claimed mesne profits @ Rs.40/- per sq. foot per month with effect from 1.10.1992. The respondents also claimed additional money for the amenities provided. 7. The appellant vacated the three tenanted premises on 31.7.1999. Vide impugned decrees dated 29.9.2007, the three suits stand disposed of determining mesne profits @ Rs.23/- per sq. foot per month with effect from 1.10.1992 till 30.7.1999. Additionally, the respondents have been entitled to receive Rs.2,000/- per month for the amenities of life provided by them and Rs.400/- per month for water pump charges. 8. The learned Trial Judge has determined fair market rent of the subject property at Rs.23/- per sq. foot per month with reference to property bearing Municipal No.39, G.B.Road, Delhi which was let out vide lease deed Ex.PW-2/2 at a monthly rent of Rs.23/- per sq. foot with effect from 21.6.1996. 9. With respect to property No.39, G.B.Road, Delhi the issue of comparison was urged by the appellant on two counts. Firstly, that the said property was situationally and locationally in an advantageous position being closer to Ajmeri Gate Chowk and that the suit premises was 400 meters further down the road and away from Ajmeri Gate Chowk having many brothel houses in between. Thus, appellant urged before the learned Trial Judge that due to being further away from Ajmeri Gate Chowk and having brothel houses in between the rent of the subject property was less. Second contention urged was that the lease deed Ex.PW-2/2 is dated 21.6.1996 and hence the same cannot be a