Shri Lal Chand Ahuja And Ors. vs Allahabad Bank
2017 Latest Caselaw 3640 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         RFA No.653/2017

%                                                     26th July, 2017

SHRI LAL CHAND AHUJA AND ORS.         ..... Appellants
                 Through: Mr. Amit Dhankar, Advocate.
                          versus

ALLAHABAD BANK                                       ..... Respondent

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.26235/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.26236/2017 (for condonation of delay)

2. For the reasons stated in the application, delay of 18 days

in filing the appeal is condoned.

C.M. stands disposed of.

RFA No.653/2017

3. This Regular First Appeal under Section 96 of the Code

of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit

impugning the judgment of the trial court dated 10.3.2017 by which

the trial court has granted mesne profits by 15% increase every year

over the last rent being paid w.e.f 21.1.2002. The appellants/plaintiffs

claim that they should get mesne profits according to prevalent market

rate of Rs.40/- or Rs.50/- per square feet.

4. Entitlement to mesne profits by the

appellants/plaintiffs/landlords is only on proving to the satisfaction of

the court, especially if possible by leading documentary evidence, as

to what is the prevalent rate of rent in the area for the relevant period,

and only on that being done, mesne profits can be calculated as per the

market rate of rent prevalent in the area.

5. Admittedly the appellants led no documentary evidence

to show rate of rent and appellants only wanted to rely upon the oral

statement of the property dealer who deposed as PW-5. Trial court

therefore was justified in ignoring the oral testimony once there was

no reliable evidence, much less documentary evidence to show the

rate of rent payable in the area for the relevant period. In fact, the

appellants have been lucky because inspite of not leading any

evidence, yet the trial court has by placing reliance upon the judgment

of this Court in the case of M.C. Aggarwal vs. M/s Shahra India &

Ors. 2011 (183) DLT 105 granted 15% increase every year over the

last paid rent, and but for which judgment the appellants would not

have got any higher mesne profits except the admitted rent.

6. There is no ground to interfere with the impugned

judgment. Dismissed.

JULY 26, 2017                               VALMIKI J. MEHTA, J
Ne