1. A short issue as to the mesne profits/ use and occupation charges
payable by the Appellant/Defendant (hereinafter, „Defendant‟) survives in
the present appeal.
2. Respondent/Plaintiff – M/s Devansh Real Estate Pvt. Ltd. (hereinafter
„Plaintiff‟) filed a suit against the Defendant – M/s Eureka Forbes Limited
seeking physical vacant possession of the property bearing No. 4/12, Asaf
Ali Road, near Delhi Gate, New Delhi-110002 (hereinafter, „suit property‟).
The Plaintiff claimed that it had acquired title to the same as per sale deed
dated 22nd September, 2010.
3. The Defendant was inducted as a tenant in a specified part of the
property admeasuring 1200 Sq. Ft. on the rear side of the Fourth Floor of the
RFA 40/2017 Page 1 of 6
building No.4/12, Asaf Ali Road, New Delhi. A Leave and Licence
Agreement had been entered into between erstwhile owners and the
Defendant dated 12th January, 2005 on a monthly rent of Rs.22,000/-, apart
from charges for the use of the elevator, maintenance etc. The Defendant
had become a tenant w.e.f. 1st July 2004. The agreement was for a period of
9 years commencing from 1st July, 2004 to 30th June, 2013. The agreement,
however, was unregistered.
Source: Indian Kanoon