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2025 Supreme(Online)(SC) 6837

SUPREME COURT OF INDIA
ABHAY S.OKA, UJJAL BHUYAN, J
Amritpal Jagmohan Sethi – Appellant
Versus
Haribhau Pundlik Ingole – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Dharmendra Kumar Sinha, AOR Ms. Baby Devi Bonia,Adv.
For the Respondent(s): Mr. Anurag Gharote, Adv. Ms. Kalyani Bhide, Adv. Mrs. Pragya Baghel, AOR

ORDER

Leave granted.

2. Heard the learned counsel appearing for the parties.

3. The appellant was a tenant and the respondent was the landlord. The respondent filed a suit for eviction on various grounds of the Maharashtra Rent Control Act , 1999. A decree for possession passed by the Trial Court has attained finality and the appellant has been evicted. The only issue is about the direction issued in clause (4) of the operative part of the decree which reads thus:

“(4) Inquiry into future mesne profit under Order XX Rule 12(1)(c) of Code of Civil Procedure be made from the date of suit till delivery of vacant peaceful possession of the suit property by the defendant to the plaintiff.”

4. As the decree of eviction was passed under the Maharashtra Rent Control Act , 1999, the settled position of law is that only on the decree of eviction being passed, the relationship of the landlord and the tenant comes to an end. Therefore, clause (4) of the operative part of the decree needs modification and the modified clause (4) shall read as under:

“Inquiry into future mesne profit under Order XX Rule 12(1)(c) of Code of Civil Procedure , 1908 be made from 29th March, 2014 till the delivery

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