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ALKA SARIN
Yuvraj Singh – Appellant
Versus
Harninder Singh – Respondent
JUDGMENT :
Mrs. Alka Sarin, J.
Present review application has been filed seeking review of the order dated 05.02.2024 vide which the petition being CR-606-2024 was disposed off.
2. Brief facts relevant to the present lis are that the revision petition (CR-606-2024) was filed challenging the order dated 06.01.2024 passed by the Appellate Authority whereby mesne profits were fixed and the review applicant-petitioner was directed to pay the same within a period of one month.
3. On 05.02.2024 Mr. Divanshu Jain, Advocate had appeared on behalf of the review applicant-petitioner while Mr. Anuj Kumar Sharma, Advocate had appeared on behalf of the respondent and the following order was passed :
2. Learned counsel for the petitioner has relied upon the judgments of the Hon’ble Supreme Court in the case of M/s Atma Ram Properties (P) Ltd. Vs. M/s Federal Motors Pvt. Ltd. 2005 (1) RCR (Civil) 212 and State of Maharashtra & Anr. Vs. M/s Super Max In
Mesne profits should be deposited in a fixed deposit during appeals, not paid to landlords, unless special reasons are provided.
The main legal point established in the judgment is that the procedure under Order 20 Rule 12 CPC for the passing of a decree for possession and mesne profits should be followed only when a suit is f....
Review jurisdiction requires a party to be aggrieved and for there to be a mistake apparent on the record to justify corrections in the previous order.
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
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 summary determination of mesne profits based on recent registered lease deeds and judicial determinations, while ensuring a balance between the....
Court may reassess mesne profits based on market evidence and principles to avoid punitive outcomes.
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