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NEENA BANSAL KRISHNA
Amrit Estates (P. ) Ltd. – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT
Neena Bansal Krishna, J. The plaintiff has filed this Suit for recovery of mesne profits/damages in the sum of Rs.3,40,80,000/- for unauthorized use and occupation of the premises by the defendant for the period 01st April, 1989 to 31st January, 2002 by way of amended plaint dated 26th February, 2013/25th May, 2017.
2. The long and arduous journey for recovery of possession and thereafter, for recovery of damages/mesne profits began way back in the year end of 1989. In this long span of almost 33 years, this case has gone through many bumps and jumps before reaching the stage of final adjudication. While the plaintiff was successful in getting the possession on 31st January, 2002, the struggle to get the mesne profits continues even now.
3. The plaintiff-M/s Amrit Estates (P) Ltd. had rented out the suit premises bearing No. A-28, Kailash Colony, New Delhi (hereinafter referred to as "Suit Property") to the defendant Punjab National Bank vide Lease Agreement dated 07th December, 1979 on a monthly rent of Rs.19,000/- per month, for the purpose of Residential Staff Training College. Another Agreement for Fittings and Fixtures including articles and furniture dated 07th Dece
The main legal point established in the judgment is the determination of mesne profits for unauthorized use and occupation of premises by a tenant, and the court's authority to decree recovery of suc....
The main legal point established in the judgment is the determination of lease renewal and mesne profits based on the last paid rent by the defendant bank, applying principles from previous judgments....
The valuation of a suit for recovery of possession must comply with statutory provisions, and claims for mesne profits require a declaration of unauthorized occupation.
A suit for mesne profit is not barred by limitation or by the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908 or by the principle of res judicata or constructive res judicata, if t....
The Court's power to dismiss a suit under Order VII, Rule 11 of the Code of Civil Procedure, 1908 is limited to cases where there is no definite evidence with regard to the quantum of monthly rent.
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
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