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NON
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.764 OF 2009
[Arising out of SLP{C] No.12721 of 2008]
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
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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]
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