Supreme Court - Daily Orders
Smt. Uma Malhotra And Ors vs Surej Berwal . on 24 October, 2017
Bench: Ranjan Gogoi, Navin Sinha
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).16953 OF 2017
[ARISING OUT OF SPECIAL LEAVE PETITION
(CIVIL) NO.8405 OF 2017]
UMA MALHOTRA & ORS. ...APPELLANT(S)
VERSUS
SUREJ BERWAL & ANR. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. Taking into account the location of the property in question we are of the view that a sum of Rs.40,000/- (Rupees Forty thousand) per month awarded by the High Court on account of mesne profits is on the higher side and that a sum of Rs.20,000/- (Rupees Twenty thousand) per month on account of mesne profits would be a more appropriate figure. Our assessment of the Signature Not Verified Digitally signed by VINOD LAKHINA aforesaid amount is based on the statement Date: 2017.10.24 18:14:48 IST Reason: 2 made by the appellants in the synopsis of the case which is to the effect that similarly located properties in the same block in the same market is not more than Rs.25,000/- per month. Though the aforesaid position is disputed by Shri Mahabir Singh, learned Senior Counsel appearing for the respondents, as already stated, we have taken into account the location of the property in question as borne out from the materials on record. We are of the further view that the date from which the payment of mesne profits has been made effective i.e. 6.11.2009 by the High Court also would not be correct inasmuch as, according to us, the correct date from which such mesne profits should be made payable is the date of filing of the application for mesne profits before the High Court in the Civil Revision proceedings i.e. 28th October, 2013. 3
4. With the aforesaid modification of the order of the High Court, the present appeal is allowed. The amount due in terms of the present order shall be paid by the appellants to the respondents, if required in installments, within a period of three months from today. The amount already paid will, naturally, be adjusted. We request the High Court to hear and decide the Civil Revision application pending before it as expeditiously as possible.
5. The appeal is disposed of in the above terms.
....................,J.
(RANJAN GOGOI) ...................,J.
(NAVIN SINHA)
NEW DELHI
OCTOBER 24, 2017
4
ITEM NO.7 COURT NO.3 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 8405/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 23-01-2017 IN MA NO. 15520/2014 IN CR NO. 2259/2012 PASSED BY THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) UMA MALHOTRA & ORS. PETITIONER(S) VERSUS SUREJ BERWAL & ANR. RESPONDENT(S) Date : 24-10-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. M. R. Shamshad, AOR Mr. Aditya S., Adv.
For Respondent(s) Mr. Mahabir Singh, Sr. Adv.
Ms. Preeti Singh, AOR Mr. Gagan Deep Sharma, Adv. Ms. Swati Jindal, Adv.
Ms. Srutisma Hazarika, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]