Disposed

Rakesh Chaudhary v. Beena Devi (Since Deceased) Thr His Lrs

Delhi HC2 Jul 2015RFA/331/2015

Case brief

AI extract

What is this about?

The High Court disposed of appealed judgments concerning possession and mesne profits based on a consent direction from counsels to fast-track proceedings, requiring deposit of monies, filing of written statements, and setting directions for restitution if rent or damages are not found due.

What did the court decide?

Appellant directed to deposit 75% mesne profits; appeals disposed by directions to fast-track proceedings and ascertain rent/damages issues.

Rakesh Chaudhary Vs Beena Devi (Since Deceased) Thr His Lrs — Property and Title | Delhi HC (2015)

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Signature Not Verified Digitally Signed By:AM UL YA

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1.1 In so far as judgment dated 01.11.2014 is concerned, it is passed in the suit filed by the deceased Smt. Beena Devi, who since then is being represented by her legal representatives. By virtue of judgement a decree of possession and mesne profits stand awarded in favour of the respondents.

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1.2 To be noted, the judgment dated 25.04.2015 has been passed by the trial court in an application filed by the appellant under Order 9 Rule 13 for setting aside the judgment dated 01.11.2014.

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1.2 This situation arose as defence of the appellant was struck out and thereafter the court proceeded to pass the judgment dated 01.11.2014.

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Before me, both parties are represented by counsels.

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2.1 After some arguments, the learned counsel for the parties have agreed that the captioned appeals be disposed of based on the following directions:-

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(i). The appellant will deposit mesne profit / damages equivalent to 75% of the amount awarded by the trial court vide its judgment dated 01.11.2014.

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(ii). The deposit in terms of clause (i) above, will be made within four weeks from today.

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(iii). On the aforementioned amount being deposited, the Registry will invest the same in an interest bearing fixed deposit maintained with a nationalized bank.

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(iv). The respondents will be at liberty to move this court for release of the amount deposited against solvent security.

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RFA33I/2015&FAO 156/2015

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(v). The trial court will permit the appellant to file a written statement. The appellant will appear before the trial court on 06.07.2015.

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(vi). The respondents will be at liberty to file a replication, if they so desire, upon a written statement being filed by the appellant within 15 days commencing from 06.07.2015. Thereafter, opportunity will be given to the parties to lead their evidence in the matter.

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(vii). Since, the appellant has no objection to the respondents taking possession of the suit premises, the trial court will ascertain the issue via-a-vis the payment of arrears of rent and damages.

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(viii). In case the trial court comes to the conclusion that the appellant is not obliged to pay arrears of rent and / or mesne profit, the logical direction for recouping the amount from the respondents will be issued qua the amount, if any, released to them. Upon such a direction being issued, the respondents will restitute the appellant within four weeks of such a direction being issued.

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The captioned appeals and the pending applications are disposed of, in terms of the aforesaid directions.

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Since, the issue involved is short, the trial court will endeavour to hasten the proceedings.

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5. Dasti to both parties.

1LV

RAJIV SHAKIiThI

JULY 02, 2015

RFA 331/2015 & FAQ 156/2015

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Rakesh Chaudhary v. Beena Devi (Since Deceased) Thr His Lrs

Case brief

What is this about?

What did the court decide?

Rakesh Chaudhary v. Beena Devi (Since Deceased) Thr His Lrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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