Case Note & Summary
The dispute involved a suit for eviction, possession, recovery of rent, and permanent injunction filed by the plaintiffs, who owned a property in Jaipur, against the appellants, who were tenants. The suit was initiated in November 2002 under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, and was decreed in June 2016. The appellants challenged the decree, leading to a series of appeals, including a second appeal admitted by the High Court in October 2017, which granted a stay on ejectment. The plaintiffs sought mesne profits due to the stay, which the High Court ordered at Rs.2,50,000 per month. The appellants contended that this amount was excessive and should be limited to three times the standard rent as per the Rajasthan Rent Control Act, 2001. The plaintiffs argued that the New Act did not apply to proceedings initiated under the Old Act. The Supreme Court analyzed the applicability of the New Act and concluded that since the suit was pending before the commencement of the New Act, the provisions of the Old Act continued to govern the proceedings. The court upheld the High Court's order on mesne profits, stating that it was reasonable and justified based on the property's location and the delay in execution of the eviction decree. The appeals were dismissed, affirming the High Court's decisions.
Headnote
A) Rent Control - Mesne Profits - Determination of Mesne Profits - Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - The High Court's determination of mesne profits at Rs.2,50,000 per month was upheld as just and reasonable, considering the location and nature of the property, and the delay in execution of the eviction decree. The court emphasized that the determination of mesne profits should reflect the market rent and the circumstances of the case (Paras 10-12).
Issue of Consideration
Whether the High Court's order fixing mesne profits at Rs.2,50,000 per month was justified under the applicable laws.
Final Decision
The Supreme Court dismissed both appeals, affirming the High Court's order fixing mesne profits at Rs.2,50,000 per month and the order passed on the review petition.
Law Points
- mesne profits
- eviction
- standard rent
- Rajasthan Premises (Control of Rent and Eviction) Act
- 1950
- Rajasthan Rent Control Act
- 2001
- Code of Civil Procedure
- 1908
