Udayan Sinha & Ors v. Fertilizers & Chemicals Travoncore Ltd

RAJIV SAHAI ENDLAW, J. MAY 05, 2016 bs (corrected and released on 25th May, 2016).

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 5th May, 2016 + UDAYAN SINHA & ORS ..... Appellants Through: Mr. Abhinav Vashisht, Sr. Adv. with Mr. Naveen Kumar Chaudhary and Ms. Priya Chauhan, Advs. Versus FERTILIZERS & CHEMICALS TRAVONCORE LTD ...Respondent Through: Mr. P. Banerjee and Mr. Siddhartha Jha, Advs. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The grievance of the appellants with respect to the judgment and decree dated 1st September, 2015 of the Court of Additional District Judge (ADJ)-09 (Central), Tis Hazari Courts, Delhi in Suit No.416/2014 (Old Suit No.163/2008) filed by them for ejectment of the respondent/defendant from property No.74, Link Road, Lajpat Nagar-III, New Delhi after determination of tenancy and for recovery of mesne profits, is regarding the rate at which they have been awarded mesne profits / damages for use and occupation. 2. Notice of the appeal was issued and considering the limited nature of the controversy in the appeal, on 27th April, 2016, when the appeal came up after notice, the counsels for the parties were heard. After hearing, the concerned official of the respondent was directed to be present before this Court today with the documents showing the extent of the premises taken by the respondent in lieu of the premises of the appellants from which the respondent was ejected along with the proof of rent/charges being paid therefor. 3. In response thereto, the concerned official of the respondent has appeared today and the counsel for the respondent on the basis of the documents brought by the said official has made statements with respect to the premises taken in lieu of the premises subject matter of these proceedings from which the respondent was ejected. 4. The respondent was a tenant under the appellants since the year 1960 in property No.74, Link Road, Ring Road, Lajpat Nagar-III, New Delhi. The said property is constructed over land admeasuring 966 sq. yards and comprises of ground, first and second floors (barsati and servant quarters). 5. The respondent was last paying rent @ Rs.18,000/- per month since September, 2000. The tenancy of the respondent was determined by legal notice dated 16th January, 2008, in which the respondent was notified that upon the failure to vacate the premises inspite of determination of its tenancy, it shall be liable to pay mesne profits / damages for use and occupation thereof @ Rs.5 lakhs per month. The respondent did not vacate the premises and the appellants on 10th April, 2008 instituted the suit from which this appeal arises. A decree on admissions, of ejectment of the respondent was passed on 16th March, 2010. RFA No.227/2010 preferred thereagainst by the respondent was dismissed on 29th April, 2011. SLP(C) No.27359/2011 preferred by the respondent was withdrawn on 2nd December, 2011. The respondent vacated the premises on 31st August, 2010. The parties went to trial on the claim of the appellants for mesne profits and resulting in the decree subject matter of this appeal. 6. Thus, the claim of the appellants for mesne profits is with effect from 4th February, 2008 i.e. after fifteen days of the notice dated 16th January, 2008 and till 31st August, 2010 i.e. for a period of two years and six months. 7. The learned ADJ in the impugned judgment and decree has found the appellants entitled to mesne profits for use and occupation of the premises @ Rs.50,000/- per month and with which the appellants are dissatisfied. 8. The respondent has not impugned the said decree for mesne profits. 9. The counsels have been heard further today. 10. It is the contention of the senior counsel for the appellants that the appellants before the Trial Court led evidence of the rate of mesne profits in the form of registered lease deeds of two properties. One of such properties was the ground floor of property No.34, Ring Road, Lajpat Nagar-IV, New Delhi which was on 19th August, 2008 let out at a rent of Rs.10,25,000/- per month with an interest