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2016 Supreme(Del) 18

V.K.SHALI
Aries Plaschem India Pvt. Ltd. (Thr. Its Director Subhash Gupta) – Appellant
Versus
DIC India Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Aditya Kumar, Mr. Rupesh Kumar
Mr. Ankit Kapoor

JUDGMENT :

V.K. Shali, J.

1. This is an appeal filed by the appellant against the order dated 6th August, 2014 passed by the learned Additional District Judge, Cental-03, Tis Hazari Court, Delhi in RCA No.20/2013 titled M/s. DIC India Ltd. v. Aries Plaschem Industries Pvt. Ltd. by virtue of which the judgment and decree dated 01.05.2013 passed by the learned Civil Judge, Central Delhi was set aside and the case was remanded back to the learned trial Court for disposal in accordance with law.

2. I have heard the learned counsel for the parties. I have also gone through the record.

3. The only substantial question of law which arises in the instant matter is whether the finding which has been returned by the learned First Appellate Court setting aside the judgment and decree with regard to the fixation of mesne profits @ Rs.16/- per sq. ft./per month is erroneous/perverse or not.

4. Briefly stated the facts of the case are that the present appellant is the landlord of the suit premises consisting of basement and the ground floor of the property bearing No.25, Community Centre, Maya Puri, Phase-I, Delhi which was let out to the respondent/tenant at a monthly rent of Rs.4250/- by a register





























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