SHARMILA U. DESHMUKH
Bata India Limited – Appellant
Versus
Bindiya Co-operative Housing Society Limited – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2. The revisional jurisdiction of this Court has been invoked challenging the common judgment and order dated 5th September 2022 passed by the Appellate Court in appeals filed by both the parties against the Judgment dated 22nd August 2015 passed by the Small Causes Court in Mesne Profits Application No.6 of 2010. Vide the impugned judgment, the Applicant is directed to pay mesne profits at the rate of Rs.1,24,099/- per month for the period from 22nd January 2002 to 31st March 2012 along with interest at the rate of 6% p.a.
3. The facts of the case are that the Applicant is a company registered under the Companies Act and was the tenant of Respondent since the year 1958 at monthly rent of Rs.200/- in respect of Shop no. 8 situated on the ground floor of Respondent-Cooperative Housing Society. At the time of filing of eviction suit, the monthly rent of the suit premises was Rs 313/-. Vide legal notice dated 11th September 2001, the tenancy agreement of Applicant was terminated. T. E. Suit No.21/23 of 2002 was instituted by the Respondent before the Small Causes Court seeking eviction o
Atma Ram Properties (P) Ltd v. Federal Motors (P) Ltd [(2005) 1 SCC 705];
Bhogvati Sahakari Sakhar Karkhana v. M/s. Chaugule [2003(2) Mh.L.J. 562]; and
Chittoori Subhanna v. Kudappa Subhanna [AIR 1965 SC 1325];
Central Bank of India v. Anil Puranmanl Bansal [2016(3) Mh.L.J. 774];
Deepak Tandon v. Rajesh Kumar Gupta [(2019) 5 SCC 537];
Fateh Chand v. Balkishan Dass [(1964) 1 SCR 515];
Hindustan Petroleum Corp. Ltd v. Dilbahar Singh [(2014) 9 SCC 78]
Hindustan Aeronautics Ltd v. Ajit Prasad Tarway [(1972) 3 SCC 195];
Kanpur Jal Sansthan v. Bapu Constructions [(2015) 5 SCC 267];
M.S.E. Board v. M/s. Mahusudandass [AIR 1966 Bom 160];
Martin & Harris (P) Ltd v. Rajendra A. Mehta [(2022) 8 SCC 527]
Pandurang Dhondi Chougule v. Maruti Hari Jadhav [AIR 1966 SC 153];
Purificaco Fernandes v. Dr. Hugo Vicentre [(1985) Mh.L.J. 224];
Ram Sarup Gupta v. Bishun Narain Inter College [(1987) 2 SCC 555];
Sarla Ahuja v. United India Insurance Co. Ltd [(1998) 8 SCC 119];
Sihor Nagar Palika Bureau v. Bhabhlubhai Virabhai [(2005) 4 SCC 1];
State of A.P. v. Vatsavyi Kumara Venkata Krishna Verma [(1999) 2 SCC 297]; and
Vijay Anant Gangan v. Zenabibi Gulam Rasool [2021(2) Mh.L.J. 756];
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