Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mesne profit Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Code of Civil Procedure, 1908 : Section 2( 12) - Mesne profits - Reasonableness of - Delay in Court Proceedings - Need for protection of interest of decree holder - Eviction suit filed by appellant landlord against four defendants - Grounds - Failure to pay rent and subletting - Decree granted by Trial Court against defendant No.1 only upheld by the Appellate Court - High Court granted decree against all the four defendants - Special Leave Petition filed by one of the defendants - Petition dismissed by this Court - Direction that decree shall not be executed on or before 31st December, 1984 - However, decree in favour of appellant not executed - Thereafter, suit filed by respondent claiming tenancy rights through one of the original defendants - ln this suit appellant landlord praying for possession and mesne profits from 1.1.1984 to 30.6.1996 - Direction by Trial Court to pay mesne profits at the rate of Rs. 443.93 p. per month - Appeal preferred by appellant before High Court dismissed - Appeal before this Court - Held, Respondents should pay the mesne profits/compensation at the rate of Rs. 10 per sq. ft. from 1984 till date of this order and at the rate of Rs. 20/- thereafter till the disposal of the suit. |
Judge | N/A |
Neutral Citation | 1999 INSC 29 |
Petitioner | M/s. Marshall Sons And Co. (I) Ltd. |
Respondent | M/s Sahi Oretans (p) Ltd. And Anr. |
SCR | [1999] 1 S.C.R. 311 |
Judgement Date | 1999-01-29 |
Case Number | 420 |
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