VALMIKI J.MEHTA
M. C. Agrawal Huf – Appellant
Versus
Sahara India – Respondent
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
Fateh Chand v. Balkishan Dass (1964) 1 SCR 515 : AIR 1963 SC 1405
Maula Bux v. UOI 1969 (2) SCC 554
Union of India v. Raman Iron Foundry (1974) 2 SCC 231
O.N.G.C. v. Saw Pipes Ltd. 2003 (5) SCC 705
S. Kumar v. G.R. Kathpalia 1999 RLR 114
McDermott International Inc. v. Burn Standard Company Ltd. and Ors. 2006 (11) SCC 181
Indian Oil Corporation v. Saroj Baweja 2005 (12) SCC 298
Rajasthan State Road Transport Corporation v. Indag Rubber Ltd. (2006) 7 SCC 700
Krishna Bhagya Jala Nigam Ltd. v. G. Harischandra 2007 (2) SCC 720
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