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2010 Supreme(Del) 60

REVA KHETRAPAL
ANANT RAJ AGENCIES PROPERTIES – Appellant
Versus
STATE BANK OF PATIALA – Respondent


Advocates Appeared:
Mr. Neeraj Malhotra with Mr. Nishant Kumar and Ms. Jyoti, Advocates.
Mr. Vishnu Mehra with Mr. R.L. Kadamb and Ms. Sakshi Mittal, Advocates.

Judgment

REVA KHETRAPAL, J.

1. This appeal is directed against the judgment dated 15.05.1999 passed by the learned Additional District Judge whereby and whereunder a decree for the possession of premises on the second floor of C-31/32, Connaught Place, New Delhi was granted in favour of the plaintiff and against the defendant and damages/mesne profits awarded to the plaintiff at the rate of Rs.25/-per sq. ft. per month, that is, Rs.68,500/-per month, with effect from 01.09.1990 till the delivery of vacant possession of the premises in question.

2. The challenge in the appeal is confined to the quantum of mesne profits awarded by the trial court on the ground that the trial court failed to take notice of the steep rise in the market rates from the date of the institution of the suit till the date of the decree. The entire approach of the learned trial court in granting damages at the same rate, for the period from 01.09.1990 till 15.05.1999, and for the subsequent period till the delivery of possession, is stated to be on the face of it erroneous. The appellant contends that the learned trial court after finding and holding that the mesne profits in respect of the suit premises as o






















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