Sanjiv Khanna, J.

1. This judgment disposes of the first appeal filed by Fab India Overseas Private Limited and the cross-objections filed by Janak Mushran against the judgment and decree dated 4th July, 2011 passed by the single Judge in CS(OS) No. 246/2009 titled S.N. Sheopori and Janak Mushran v. Fab India Overseas Private Limited.

2. Before dwelling into the disputed questions, we deem it appropriate to state the undisputed facts and contentions raised. For the sake of convenience, S.N. Sheopori has been referred to as Sheopori, Janak Mushran as Mushran and Fab India Overseas Private Limited has been referred to as FIOP Limited.

3. Around 4th September, 1995 Sheopori and Mushran filed a suit against FIOP Limited seeking decree of possession of premises No. 14, N Block-Market, Greater Kailash-I, New Delhi-110048 (property, for short); decree of recovery of Rs.40,000/- towards arrears of rent from 1st May, 1995 to 30th June, 1995 with pendante lite and future interest @ 18% per annum; decree of mesne profits and damages @ Rs.1 lac per month for the period 1st July, 1995 to 31st August, 1995 with pendant lite and future interest @ 18% per annum; future mesne profits t