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PURUSHAINDRA KUMAR KAURAV
J. K. Lakshmi Cement Ltd – Appellant
Versus
Master Avishkar Prakash – Respondent
JUDGMENT :
Purushaindra Kumar Kaurav, J.
Vide order dated 08.12.2022, the RSA No. 5/2022 was designated as lead matter and for the sake of convenience, the facts are also extracted from RSA No. 5/2022.
2. This is the appellant’s/defendant’s second appeal against the judgment and decree dated 23.10.2021, passed by the Additional District Judge-03 (Central), Tis Hazari Courts, Delhi affirming the judgment and decree dated 31.05.2018 and 04.08.2018 respectively passed by the Court of the Civil Judge-III (West) Tis Hazari Courts, Delhi in Civil Suit No.606909/2016, whereby, the suit for recovery of possession of immoveable property and mesne profits of the respondent/plaintiff was decreed.
3. The facts of the case would show that the respondent/plaintiff instituted the civil suit against the appellant/defendant seeking recovery of possession of immovable property and mesne profits. The parties to the civil suit appeared to have entered into the lease deed dated 23.08.1994 with respect to tenancy of property i.e. Flat No.204E, situated on the 2nd floor in the building known as Milap Niketan at 8-A Bahadur Shah Zafar Marg, New Delhi, measuring about 350 sq. ft. of super area along with right
A lease agreement requires a fresh deed for renewal; automatic renewal is not valid without it.
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.
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.
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....
(1) A tenant continuing in possession after expiry of lease may be treated as a tenant at sufferance which status is a shade higher than that of a mere trespasser – Appellant while continuing in poss....
An appellate court must provide independent findings with reasons to uphold judicial diligence and fairness, especially in assessing ownership claims based on agreements.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
The judgment establishes the principle that disputes over ownership must be substantiated with evidence, and mesne profits can be calculated based on the property's potential. Interest on mesne profi....
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