2024:BHC-AS:32310 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPPLICATION NO. 269 OF 2024 WITH CIVIL REVISION APPLICATION NO. 270 OF 2024

1. Union of India Through Defence Secretary, Ministry of Defence, New Delhi.

2. The Military Estate Officer Military Estate Officer Bombay & Gujrat Circle, Colaba, Mumbai 400 005.

3. Mrs. Aarti Kant Military Estate Officer Bombay & Gujrat Circle Colaba, Mumbai 400 005. } …Applicants (Original Defendants)

-Versus-

Dr. Rustum Sam Boyce Adult, Age & Occ not known, Residing at Villa Hormuzd, 8A, M.L.Dahanukar Road, Mumbai 400 026. } …Respondent (Original Plaintiff No.1)

NEETA SHAILESH SAWANT DNSAiEg WEitTAaAl Ny TS sHigAnIeLdE SbHy Page No. 1 of 20 D15a:t0e7: :24032 +4.00583.103 _______________________________________________________________

Mr. Shriram S. Redij, for the Applicants.

Mr. Mayur Khandeparkar a/w Mr. Sheroy M. Bodhanwalla, Ms. Sakshi Sharma and Mr. Akash Singh i/by. M.S. Bodhanwalla & Co., for the Respondent.

_______________________________________________________________

CORAM : SANDEEP V. MARNE, J.

Reserved On : 25 July 2024.

Pronounced On : 5 August 2024.

JUDGMENT :

1) Union of India has filed these Civil Revision Applications challenging the Orders dated 3 March 2022 passed by the Appellate Bench of the Small Causes Court, by which Misc. Appeal No.325 of 2015 filed by the Applicant-Union of India has been dismissed, whereas Misc. Appeal No.354 of 2014 filed by the Respondent/Decree- holder is allowed by determining the mesne profits in respect of the suit property at the rate of Rs. 2,50,000/- per month from the date of filing of the suit i.e. 29 July 1979 till 20 November 2002 along with interest @ 6% p.a. By its order dated 9 May 2014, the Small Causes Court had determined the amount of mesne profits @ Rs.2,00,000/- per month with a direction to pay the same from the date of filing of the suit till 20 November 2000 with interest @ 6% p.a. The Appellate Bench has enhanced the quantum of mesne profits to Rs. 2.50,000/- per month.

2) R.A.E.& R. Suit No.1429/4857 of 1979 was filed by Dr. Sam Framrose Boyce against Union of India and its Military Estate Officer for recovery of possession of the suit premises named Boyce Building situated at Gowalia Tank Road, August Kranti Marg, Mumbai-400 026 (suit premises). The suit premises were let out to Defendant-Union of India on monthly tenancy. It appears that during pendency of the suit, Original Plaintiff passed away and his heirs, Dr. (Mrs.) Roshan S. Boyce and Dr. Rustum S. Boyce were brought on record. The suit came to be decreed on the grounds of arrears of standard rent and permitted increases by decree dated 4 September 2000. Defendant-Union of India was directed to handover possession of the suit premises to the Plaintiff. The claim for arrears of rent was however dismissed. The Small Causes Court directed separate enquiry into mesne profits from the date of filing of the suit till handing over of possession of the suit premises to the Plaintiff. The decree was confirmed by the Appellate Bench of the Small Causes Court on 6 June 2002. The decree was thereafter executed on 20 November 2002.

3) The Plaintiff/Decree-holder took out Misc. Notice No. 794 of 2003 for quantification of mesne profits under the provisions of Order 20 Rule 12(1)(c) of the Code of Civil Procedure, 1908 (Code). The Small Causes Court allowed Misc. Notice No. 794 of 2003 and determined the mesne profits in respect of the suit premises at the rate of Rs.2,00,000/- per month and directed the Defendant to pay the same from the date of filing of the suit i.e. 29 July 1979 till the date of execution of the decree i.e. 20 November 2002 alongwith interest @ 6%

p.a.

4) Cross-Appeals were filed by the parties challenging the Order of the Small Causes Court dated 9 May 2014 before its Appellate Bench. Plaintiff/Decree-holder filed Misc. Appeal No. 354 of 2014 for enhancement of quantum of mesne profits as well as rate of interest, whereas, Def