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1971 Supreme(Del) 70

V.S.DESHPANDE
RATTAN LAL – Appellant
Versus
GIRDHARI LAL – Respondent


Advocates Appeared:
Ravinder Sethi, Y.Dayal

V. S. DESHPANDE

( 1 ) THE revision petitioner is the tenant of respondent No. 1. the landlord. Respondent No. 2 is the subsequent transferee from the landlord against whom no relief is claimed. The landlord obtained a decree for eviction against the tenant but this decree became inexecutable on 24 March 1947 and thereafter by virtue of Section 9 of the Delhi and Ajmer-Merwara Rent Control Act. 1947 which came into force on 24th March 1947. Nevertheless the decree for eviction was executed bv the landlord against the tenant thereafter and possession of part of the premises was recovered bv the landlord from the tenant. As this was contrary to Section 9 of the Act the tenant was restored back the possession. The possession of a part of the premises was taken bv the landlord from the tenant piece-meal from 27-4-49 till 18th March 1955 but the whole of the possession was restored to the tenant as a result of the order of the lower appellate court which is under appeal in other respects.

( 2 ) THE tenant claimed that he was entitled to recover mesne profits at the rate of Rs. 200. 00 per month for the period during which the landlord was in wrongful possession of the part of the premises







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