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Showing contexts for: actionable wrong in Anuj Chopra And Ors. vs Vaneeta Khanna And Ors. on 25 May, 2016Matching Fragments
49. It is, therefore, held that the findings of the learned Single Judge with respect to Chopras not possessing any legally enforceable interest in the suit property are erroneous. Equally erroneous are the findings that the Khannas had any legally enforceable title or interest in the suit property.
50. In RFA(OS) 21/16, the grievance of Rajiv is with respect to direction to pay mesne profits for three months, in favour of Chopras. The finding of the learned Single Judge is that Khannas had become owners, based on his finding that the dispute arose on account of wrongful action by Rajiv, which entitled them to claim 15% per month as mesne profits/damages along with 9% interest. In view of the Court's finding that Khannas were not entitled to any interest, their claim for possession was also unenforceable. Therefore, Rajiv's appeal has to succeed only on this ground.