Raj Kumar Gaur & ANR v. Ishwar Dass

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 506/2019 & CM APPL. 24713/2019 RAJ KUMAR GAUR & ANR .....Appellants Through:

Mr. Md. Naudhad Alam & Mr.

Mithilesh Kumar, Advocates.

versus ISHWAR DASS .....Respondent Through:

Mr. T.C. Yogi, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 07.10.2024 1.

The present appeal is directed against a decree and judgment dated 20.02.2019. The plaintiff-respondent filed the suit against the appellants herein, who are his son and daughter-in-law for possession of the suit property and mesne profits/occupation charges. 2.

The suit was decreed in respect of possession of the suit property and a decree for damages/mesne profit at the rate of ₹2,250/- per month with effect from 01.10.2015 until handing over of actual vacant and physical possession was also granted.

3.

By an order dated 13.03.2020, it was recorded as follows:- "Learned counsel for the appellants states that since the deposit required was not made, stay granted against the impugned judgment and decree by order dated 22.05.2019 stands vacated; and that the appellants are not agitating this issue any longer. Counsel RFA 506/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:40:17

further states that possession of the subject property has been surrendered to the respondent on 18.02.2020, which is confirmed by learned counsel for the respondent.

Accordingly the only issue which survives is about mesne profits/damages for use and occupation that have been awarded by way of the impugned judgment and decree @ Rs.2,250/- per month w.e.f. 01.10.2015 till 18.02.2020, the date on which possession was surrendered.

Counsel for the respondent confirms that court fee due till date of surrender of possession, as was required to be paid in accordance with judgment, has not yet been paid. He undertakes to pay the deficit court fee within two weeks from today; and place proof of payment before this court.

List for compliance of the above direction on 13 May 2020." 4.

Mr. T.C. Yogi, learned counsel for the respondent, states that the respondent does not intend to execute the decree for mesne profit/damages for use and occupation and has no objection to the decree be set aside to that extent. He confirms that possession has been handed over to the respondent on 18.02.2020, as recorded in the said order. 5.

In view of the above, with the consent of Mr. Yogi, the impugned judgment and decree is modified to the extent that the decree for damages/mesne profits [paragraph b of the relief granted by the impugned judgment] is set aside.

6.

The appeal, alongwith pending application, stands disposed of in these terms.

PRATEEK JALAN, J OCTOBER 7, 2024 'pv'/ RFA 506/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:40:17