M/S Jain Cooperative vs. Rajwant Singh
Held
The Court allowed the appellant's request for time to vacate the premises on or before January 31, 2020. This was made conditional upon the appellant filing an undertaking to vacate by that date and paying monthly mesne profits at the rate of Rs. 60,000/- along with GST, as per bills raised by the respondent, from March 18, 2019, until the premises are vacated. The appellant was also directed to clear all electricity and water charges until vacating and was prohibited from making any additions/alterations or creating third-party rights. The Court clarified that the payment of Rs. 60,000/- per month is subject to the final determination of mesne profits by the Trial Court. If the Trial Court awards less, the appellant can claim the difference; if it awards more, the respondent can claim the difference from the appellant. The appeal was disposed of, maintaining the decree of possession.
Facts
The appellant, M/s Jain Cooperative, is challenging an order dated March 18, 2019, passed by the Trial Court. The appellant sought an extension to vacate the premises and proposed paying enhanced mesne profits. Initially, the Court suggested Rs. 75,000/- per month. The appellant, citing a valuation report, argued that Rs. 50,000/- per month would be a more appropriate rental value for similar properties in the area. The respondent countered that rentals in the area are at least Rs. 1,25,000/- and requested the appellant pay interim enhanced mesne profits of Rs. 75,000/- without prejudice to their claim. The appellant also undertook to vacate the premises by January 31, 2020.
Key Issues
1. Whether the appellant should be granted an extension to vacate the premises until January 31, 2020, and if so, on what terms regarding mesne profits? The appellant argued that the mesne profits of Rs. 75,000/- proposed by the Court were exorbitant, and based on a private valuation report, the rental for similar properties in the area should not exceed Rs. 50,000/- per month. They sought permission to pay Rs. 50,000/- per month as enhanced mesne profits. The respondent vehemently opposed this, stating that rentals in the area are at least Rs. 1,25,000/-. The respondent requested the Court to direct the appellant to pay interim enhanced mesne profits of Rs. 75,000/- without prejudice to their claim for higher mesne profits.
Sections Cited
None
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Cause title — parties, addresses and appearances
O R D E R %
2019
On 18.07.2019, learned counsel for the appellant was granted time to get instructions, as to whether, the appellant/bank was willing to vacate the premises within six months and pay an enhanced mesne profit @ Rs.75,000/- from the date of passing of the impugned judgment dated 18.03.2019. Today, learned counsel for the appellant submits, on instructions, that the appellant undertakes to vacate the premises on or before 31.01.2020 but states that the mesne profits of Rs.75,000/- is exorbitant. He submits that as per the valuation report of a private government approved valuer from whom the appellant/bank has sought opinion, the rental of similar properties in the same area would not be more than Rs.50,000/-. He, therefore, submits that the appellant may be permi
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