Case Note & Summary
The dispute arose from a long-standing eviction case where the appellant, M/s. Marshall Sons & Co. (I) Ltd., had obtained a decree for eviction against several defendants, including M/s. Halda Engineering Co. The original decree was granted in 1969 due to non-payment of rent and unlawful subletting. Despite the decree, execution was delayed, leading to the present appeal after various unsuccessful attempts to resolve the matter in lower courts. The respondent, M/s. Sahy Oretrans (P) Ltd., claimed tenancy rights and filed a declaratory suit, complicating the execution of the eviction decree. The trial court ordered the respondent to pay mesne profits but did not grant immediate possession to the appellant. The appellant's appeal to the High Court was also unsuccessful, prompting the current appeal to the Supreme Court. The Supreme Court noted the prolonged nature of the proceedings and the potential for unscrupulous parties to exploit procedural delays. It emphasized the necessity of ensuring that mesne profits were paid to the appellant while the suit was pending. The court directed that the suit be resolved expeditiously, set specific rates for mesne profits, and mandated payment in installments for any arrears. The appeal was disposed of without costs.
Headnote
A) Property Law - Eviction and Mesne Profits - Direction for Payment of Mesne Profits - Code of Civil Procedure, 1908, Order XXI Rule 22 - The court directed the respondent to pay mesne profits at specified rates during the pendency of the suit, emphasizing the need to protect the interests of the judgment creditor while the suit was still unresolved. Held that reasonable compensation should be ensured to prevent further injury to the plaintiff (Paras 1-3).
Issue of Consideration
Whether the respondent should be directed to deliver possession to the appellant and the appropriate mesne profits to be paid during the pendency of the suit.
Final Decision
The Supreme Court directed the respondent to pay mesne profits at specified rates and expedited the disposal of the pending suit, ordering payment of arrears in installments.
Law Points
- Eviction
- Mesne Profits
- Execution of Decree
- Tenancy Rights
- Procedural Delays
