Manmeet Kaur & Ors vs. Arvind Malik

Held

The Court decided to dispose of the appeal based on the settlement reached between the parties. The appellants agreed to pay mesne profits at the rate of ₹95,000 per month from July 1, 2018, until they vacate the premises. Any amounts already paid by the appellants at a rate of ₹60,000 per month after July 1, 2018, were to be given due credit. The arrears were to be cleared by March 31, 2020. If the arrears were not cleared by this date, the respondent would be entitled to the decretal amount as per the impugned judgment. Electricity and water charges were to be paid as per actuals. An undertaking to this effect was to be filed by November 10, 2019. The appeal and pending applications were disposed of in terms of this order. The Court also directed that any GST payment certificates retained by the respondent be handed over to the appellant.

Facts

This is an appeal against a judgment dated July 3, 2019, passed by the Additional District Judge, Patiala House Courts, New Delhi, which decreed a suit for possession and mesne profits. The original decree calculated mesne profits at ₹5,000 per day from July 1, 2018. The appellants, represented by Mr. J.K. Bhola, sought to settle the matter amicably. They proposed to vacate the premises by March 31, 2020, and hand over vacant possession to the respondent, Mr. Arvind Malik. Regarding damages, the appellants offered to pay ₹95,000 per month instead of the daily rate.

Key Issues

1. Whether the mesne profits, as decreed by the lower court at ₹5,000 per day, should be modified based on the parties' settlement. Petitioner's arguments: The appellants are inclined to settle the matter amicably. They propose to vacate the premises by March 31, 2020, and hand over vacant possession. They also propose to pay mesne profits at a revised rate of ₹95,000 per month. Respondent's arguments: The respondent, present in person and represented by counsel, appears to have agreed to the settlement terms proposed by the appellants, as the court's order reflects an agreement between the parties.