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The Model Manufacturing Company Ltd. vs Union Of India (Uoi) on 18 June, 2002 cites

Shyam Charan vs Sheoji Bhai & Another on 12 October, 1977

One is as aforesaid and another is (Shyam Charon v. Sheqji Bhai and Anr.). Both are governing the field. In the first judgment, it was held that the cause of action for the purpose of mesne profit is arising on an eviction decree when in the subsequent judgment it was said such claim relates back the termination. It has to be so because the tenant is becoming a statutory tenant after the contractual period is over. But even after the determination of tenancy by the notice, if anybody holds the possession, he will occupy the same at his risk. If this suit against him, becomes unsuccessful his notice of termination has to be declared expressly or impliedly a non-est document in the eye of law. Obviously the tenant will be declared as a statutory tenant. But if the decree says that the occupation pursuant to the termination notice or otherwise is invalid then it will relate back the period when the notice was served. The tenant cannot be escaped from paying the consideration for his illegal occupation. Thus, I hold in favour of the plaintiff even in this issue by saying that notice under Section 80 of the Code of Civil Procedure is good enough for the claim of mesne profits or damages.
Supreme Court of India Cites 11 - Cited by 44 - N L Untwalia - Full Document
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