Truptimayee Bastia vs. Subhalaxmi Mishra
Held
The High Court modified the trial court's decree regarding the rate of interest and the quantum of damages for unauthorized occupation. It held that damages should be 10% of the monthly rent for the period of unauthorized occupation, and the interest rate was reduced.
Facts
The plaintiff leased a property to the defendants for a hotel business with a monthly rent of Rs. 4,00,000/- excluding GST. The defendants disputed the rent amount and claimed a fraudulent lease agreement at Rs. 1,00,000/-. The plaintiff filed a suit for eviction, arrears of rent, and damages.
Key Issues
The primary issues revolved around the genuineness of the lease agreement, the correct rent amount, and the calculation of damages for unauthorized occupation, considering Section 74 of the Contract Act regarding reasonable compensation.
Sections Cited
Section 100, Section 106, Section 74
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF ORISSA AT CUTTACK RSA No.256 of 2025
[In the matter of an appeal under Section 100 of CPC from Judgment dated 23.12.2024 passed by the learned Addl. District Judge, Bhubaneswar in RFA No. 10 of 2024, arising out of the judgment dated 20.12.2023 and decree dated 05.01.2024 passed by the learned Senior Civil Judge (LR & LTV), Bhubaneswar in C.S. No. 678 of 2021]
AFR Truptimayee Bastia and Ors.
…. Appellants -Versus- Subhalaxmi Mishra and others …. Respondents
Advocate(s) appeared in this case: For the Appellants :Mr. Dwarika Prasad Mohanty, T.K. Mohanty, P.K. Swain, M. Pal, R. Mohanty, S. Rath & S.K. Rout, Advocates.
For Respondents :Mr. Siva Prasad Kar (in Person)
M/s.Lingaraj Mohanty, P.K.Pattanaik, Tathagata Sahoo, Advocates. [ For R 3 & 4]
M/s. Siva Sai Mohapatra, Akash Acharya, Surya Mohapatra. [For R 1)
CORAM:
JUSTICE SASHIKANTA MISHRA JUDGMENT 24th December, 2025
SASHI
The judgment continues below.
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