Mesne profit or compensation
Querist :
Anonymous
(Querist) 09 May 2021
This query is : Resolved
Sir,
After get the Decree (in Febuary 2014) of shop tenant said vacate the shop in December 2014 tenant die in November 2014 and his judgement debtor legal heirs false objection in 47 CPC, then again 115 and continiousaly in other section of CPC decree execution delay i.e. 4 time chalange in District Court and we (Landlord) won all case after that all 4 Judgement challahnge in HC.and HC Dismiss writ. After 7 year decree execute vacate the shop after 7 year of decree.
Rent Agreement Rent is 300 Per Month in 1991
Rent Agreement mention
Tenancy start from 1st day of the month and end of the last day of month.
Rent as per Market Value (I dont have knowledge this is mention in rent agreement , because this written by my grandfather in 1991)
Rent Agreement not registered
Suit File : October 2006
Decree : December 2014.
Till december 2014 rent deposit in the court
from December 2014 to March 2021 not receive any rent.
Current Rent as per Market value is 3000 Per Month
During the period from december 2014 to March 2021 use this shop by his brother with the help of legal heirs of Original Tenant.
My Question is
1. We can take Rent Difference as per Market Value from October 2006 suit file date. As per Actual Market Value Calculation
or
2. we can take rent only December 2014 (Decree Date) to March 2021.i.e. Rs. 189000/-
3. Compensation After the Court decree December 2014 and during 7 years in March 2021 we have won the all 6 No. Case filed by the Judgement Debtor (4 No. in District Court & 2 No. in High Court) for Execution of the Court Decree. We take receover the Advocate Fee, other Expense for the legal battle of execution of decree. Approx. 3 Lac
4. Court fee Amount if required.
Pls confirm and send case for this case
Thanks You
Rajeev
Dr J C Vashista
(Expert) 10 May 2021
You have stated to have instituted the case(s) about a decade back through an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case(s), what is his / her opinion, strategy and advise, proceed accordingly.
However, if you are dissatisfied with the performance of your lawyer, change him / her immediately.
No proper opinion can be formed without perusal of entire case file, which you will agree and appreciate
P. Venu
(Expert) 10 May 2021
The facts as well the issue attempted to be highlighted lack clarity.
T. Kalaiselvan, Advocate
(Expert) 11 May 2021
1. You may not be entitled to claim difference in rental amount from the agreed rent to that of the market rent on your own if there is no conditions in the rental agreement.
The rent what was deposited in the court till such period shall be the actual rental amount that you can claim.
2. The above answer is applicable as per my opinion to your second question too.
3. You will be eligible for the costs if any granted by court and not for the compensation what you have stated.
4. The case is disposed in your favor. The court will mention bout the costs, if any.
