Supreme Court of India was dealing with the petition challenging judgment and order dated 11.08.2020 passed by the High Court of Judicature for Rajasthan by which the High Court has partly allowed the writ petitions preferred by the respondents herein – judgment debtors and has dismissed the writ petitions preferred by the judgment creditor and has reduced the amount of mesne profits during the pendency of the first appeals before the first appellate court, the original judgment creditor has preferred the present appeals.
Brief Facts:
The appellant herein instituted four different suits against the respective respondents for recovery of possession of the disputed suit property. It was the case on behalf of the original plaintiff that the respondents were in possession of four different portions of her residential house as licensee and that she was entitled for restoration of possession as well as mesne profits on termination of their licence. Feeling aggrieved and dissatisfied with the judgment and decree passed by the learned trial Court, the original defendants – respondents herein have preferred appeals before the first appellate court. Vide order dated 12.02.2020, the first appellate court directed the respondents herein – original defendants to pay mesne profits at different rates. Feeling aggrieved and dissatisfied with the respective orders passed by the first appellate court directing the judgment debtors – defendants – appellants before the first appellate court to pay mesne profits as above, the appellant herein preferred writ petitions before the High Court to enhance the amount of mesne profits. Consequently, the writ petitions preferred by the appellant herein to enhance the amount of mesne profits have been dismissed.
SC’s Observations:
After hearing both the sides Court observed that from the impugned common judgment and order passed by the High Court, it appears that while reducing the amount of mesne profits, what has weighed with the High Court is that the premises is residential, being used for residential purposes and the construction is about 100 years old and that the report of the approved valuer dated 9.2.2020 was with respect to commercial premises.
SC observed that the High Court has thereafter considered the DLC rate. However, the High Court has not at all considered the market rate as per the current potential of the suit property. The High Court has mechanically reduced the mesne profits to 50%. Even if the valuer’s report was for commercial use/commercial property, in that case also, the mesne profits could not have been reduced by 50%.
SC Held:
After evaluating submissions made by both the parties the Court held that “In the facts and circumstances of the case, we are of the opinion that if the mesne profits are awarded as under, it will meet the ends of justice and it can be said to be awarding just mesne profits, while staying the common judgment and decree passed by the learned trial Court. In view of the above and for the reasons stated above, the present appeals are partly allowed.”
Bench: M.R. Shah, J.
Case Title: Anar Devi (D) through LR v. Vasudev Mangal
Case Details: CIVIL APPEAL NOS. 1852-1859 OF 2022
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