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DELHI HIGH COURT
C.HARI SHANKAR
Ashok Kumar Jain – Appellant
Versus
Prem Chand Gupta – Respondent
| Table of Content |
|---|
| 1. court expresses ability to resolve by consent. (Para 1) |
| 2. history of the litigation between the parties. (Para 2) |
| 3. supreme court precedent on mesne profits clarified. (Para 3) |
| 4. issues regarding lease deeds and market rent evaluation. (Para 4 , 5 , 6 , 7 , 8) |
| 5. agreed remand to rct for de novo consideration. (Para 9) |
| 6. disposal of petition with specific instructions for rct. (Para 10) |
| 7. scheduling of appearance before rct. (Para 11) |
| 8. acknowledgment of open questions and cost orders. (Para 12 , 13) |
JUDGMENT
C.Hari Shankar, J. (Oral)
1. It is gratifying to note that without entering into intricacies of facts and figures, this Court is in a position to dispose of the present petition, by consent between learned Counsel.
2. Given the nature of the order that I am passing today, it is not necessary to enter into the history of the litigation between the parties. Suffice it to state that, by an order dated 1st June, 2019, passed in E.P. M 29527/16, the learned Additional Rent Controller ("the learned ARC") directed eviction of the petitioner from the property of the respondent, under the Proviso to Section 14(2) read with Clauses 14(1)(a) and (j) of the Delhi Rent
Compensation for mesne profits post-eviction must reflect prevailing market rates rather than prior contractual agreements, mandating substantiated reasoning in the assessment process.
Tenants must compensate landlords for use and occupation of premises at market rates post-eviction decree, irrespective of prior contractual agreements.
The tenant must compensate the landlords for the loss occasioned by the stay granted by the Court on the execution of the eviction order, and the best indicator for fixing the compensation payable by....
The court emphasized the necessity of fixing user and occupation charges that reflect fair market rent as a reasonable compensation for landlords during the pendency of eviction appeals.
Tenant cannot claim himself/herself to be tenant qua the premises in question after passing of eviction order and courts after passing of eviction order can always put the tenant of premises to terms....
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
The main legal point established in the judgment is that the tenancy terminated with the passing of the eviction order, and the tenants were liable to pay use and occupation charges to reasonably com....
(1) Once a decree for possession has been passed and execution is delayed depriving decree holder to reap fruits, it is necessary for Appellate Court to pass appropriate orders fixing reasonable mesn....
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