Sushila Goela vs Union Bank Of India on 24 September, 2009
service of letter Ex. PW1/2. However, he has argued that
damages or mesne profits as Rs. 29,000/- as claimed by
plaintiffs are arbitrary, unjust and unfair and on much higher
side. It was vehemently submitted that the possession of the
property by the occupant is not the only criteria to evaluate the
mesne profit but it depends of number of surrounding
circumstances viz. the condition of the property, service
provided by its owner, the necessary fixtures attached to the
property, maintenance of the property etc. Reliance was made
in case National Radio & Electronic Co. Ltd. vs. Motion
Pictures Association, 122 (2005) DLT 629 (DB); W.H. Deeth
(Ballabhgarh) & Co. vs. Punjab National Bank, 102 (2003) DLT
787; Rattan Lal vs. Girdhari Lal and another, AIR 1972 Delhi
11; Phiraya Lal Kapur vs. Jia Ranik and another, AIR 1973
Delhi 186 and AIR 1965 SC 1231.