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2011 Supreme(Del) 571

VALMIKI J.MEHTA
M. C. Agrawal Huf – Appellant
Versus
Sahara India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: P.K. Aggarwal, Mercy Hussain, Advs. in RFA No. 458 of 2011, Vivek Kohli and Abhishek Swaroop, Advs. in RFA No. 457 of 2011
For Respondents/Defendant: Vivek Kohli, Abhishek Swaroop, Advs. in RFA No. 458 of 2011, P.K. Aggarwal and Mercy Hussain, Advs. in RFA No. 457 of 2011

JUDGMENT

Valmiki J. Mehta, J.

1. These are two cross appeals, one filed by the landlord (RFA No. 458/2011) and the other filed by tenants (RFA No. 457/2011) against the impugned judgment and decree of the trial Court dated 16.5.2011 whereby the suit of the landlord for possession and mesne profits with respect to the premises being a flat bearing No. 817A, 8th Floor, Ambadeep Building No. 24, Kasturba Gandhi Marg, New Delhi, was decreed. The grievance of the landlord is with respect to denial of claim by the trial Court with respect to executive class tickets in addition to the mesne profits, whereas the grievance of the tenants is with respect to awarding mesne profits at double the market rent without any evidence being led by the landlord and which decree is argued to be violative of Section 74 of the Contract Act, 1872. The tenants also question the grant of the high rate of interest at 20%. A minor issue with regard to liability towards the mesne profits is also raised that the same are payable only till 31.12.2004 and not 3.4.2005 as granted by the trial Court. I may finally add that the landlord has argued that the liability for mesne profits continues till date because the en













































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