Jai Prakash Vs. Gulab
Singh Rathore [2009] INSC 564 (19 March 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.2061 OF 2002 Jai Prakash ...Appellant(s) Versus
Gulab Singh Rathore ...Respondent(s) O R D E R Heard learned counsel for the
parties.
The Trial Court
passed an ex-parte decree for eviction and directed the defendant to pay a sum
of Rs.29,700/- as arrears of rent and damages at the rate of Rs.27.50 per day
from the date of filing of the eviction petition till the date the possession
is delivered to the landlord. The appellant filed a petition under Order IX Rule
13 read with Section 151 of the Code of Civil Procedure, which was rejected by
the Trial Court and the said order has been confirmed by the High Court in
revision.
Hence, this appeal by
special leave.
It is not in dispute
that after the passing of the ex-parte decree, possession of the premises in
question was delivered to the landlord who let out the same to another person
on 5th March, 2002. In view of this development, we are not inclined to
interfere with the decree for eviction and arrears of rent for Rs.29,700/-.
However, we do not find any justification for the decree of damages at the rate
of Rs.27.50 per day from the date of filing of the eviction petition till the
date the possession is delivered to the landlord.
Accordingly, the award
of damages at the rate of Rs.27.50 per day from the date of filing of the
eviction petition till the date the vacant possession is delivered to the
landlord is hereby set aside.
The civil appeal is,
accordingly, disposed of.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
March
19, 2009.
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