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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R. MADHUSUDHAN RAO
Thomas John – Appellant
Versus
Peter Dias – Respondent
JUDGMENT :
B.R. MADHUSUDHAN RAO, J.
1. This memorandum of appeal is filed under Section 96 of CPC assailing the order passed in I.A.No.23 of 2017 in O.S.No.146 of 1999 dated 17.07.2018 by XII Additional Senior Civil Judge (FTC), City Civil Court at Secunderabad.
2. Appellant is the respondent – defendant and respondent is the petitioner – plaintiff in I.A.No.23 of 2017 in O.S.NO.146 of 1999.
3.1 Respondent – petitioner has filed I.A.No.23 of 2017 in O.S.NO.146 of 1999 under Order XX Rule 12 read with Section 151 of CPC praying the Court to appoint an advocate commissioner to ascertain the quantum of rents prevailing in the plaint schedule vicinity and pass such other order as the Court may deem fit and proper. The schedule of the property is ground floor premises bearing plot No.68 admeasuring plinth area of 1510 sq.ft., in a building known as ‘Marliz’ situated at Paiga Colony SP road Secunderabad, with specific boundaries.
3.2 It is stated in the affidavit in I.A.No.23 of 2017 that the learned III Senior Civil Judge, City Civil Court Secunderabad was pleased to decreed the suit in O.S.No.146 of 1999 on 06.06.2005 and had directed the appellant – respondent – defendant to vacate and
Mesne profits must be quantified based on credible evidence reflecting prevailing market rates, with the burden of proof resting on the claimant to substantiate the claims.
Mesne profits are payable from the date of lease termination, and the Appellate Court can extend payment periods and correct errors in lower court decisions.
The court determined that mesne profits should reflect the market rate while balancing the landlord's interests against the tenant's ability to pay, setting the amount at Rs. 13,000/- per month.
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
(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....
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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