Subhash Chander Kohli & Anr vs M/S Indian S&G Indus.Exp.Imp.Corp.Ltd

Subhash Chander Kohli & Anr. ... Appellants

VERSUS

M/s. Indian Sugar & General Industries Export Import Corporation Ltd. ... Respondent

ORDER

1. Leave granted.

2. This appeal is directed against the judgment and

decree dated 12th of December, 2007 passed by a

learned Judge of the High Court of Delhi at New Delhi

in RSA No.136 of 2004. By the impugned judgment,

the High Court had reduced the mesne profits granted

by the courts below from Rs.70,000/-per month to

Rs.40,000/- per month, to that extent the orders of

the courts below were modified.

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3. It is an admitted position, the eviction order has not

been challenged. It is only against the reduction of

mesne profits per month from Rs.70,000/- to

Rs.40,000/- being challenged before us which on

grant of leave was heard in the presence of the learned

counsel for the parties.

4. In our view, the judgment of the High Court needs to

be set aside on a simple ground. That while reducing

and modifying the order of the courts below regarding

the rate of mesne profits from Rs.70,000/- to

Rs.40,000/- per month, the High Court had not dealt

with the evidence adduced by the parties and

considered the materials on record to come to a

conclusion that the orders of the courts below

directing Rs.70,000/- per month as mesne profits be

modified to the extent of Rs.40,000/- per month

payable to the landlord. We do not find from the

judgment that any consideration was made by the

High Court to reduce the rate of mesne profits from

Rs.70,000/- to Rs.40,000/- per month. That being the 3

position, we set aside the judgment of the High Court

and send the case back to it for fresh disposal in

accordance with law after giving hearing to the parties

and after passing a reasoned order. We request the

High Court to dispose of the second appeal within

three months from the date of supply of a copy of this

order to it.

5. For the reasons aforesaid, the impugned order is set

aside and the appeal is allowed to the extent indicated

above. There will be no order as to costs.

6. We make it clear that we have not gone into the merits

on the question of fixing the rate of mesne profits

which shall be decided by the High Court in

accordance with law after hearing the parties at

length.

..............................J. [Tarun Chatterjee]

New Delhi; ..............................J. February 06, 2009. [H.L.Dattu] 4