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april 2005

Supreme Court of India · 2005-04-19

Anderson Wright And Co. vs Amar Nath Roy And Ors.

Citation / case number
AIR 2005 SUPREME COURT 2457
Court
Supreme Court of India
Petitioner
Anderson Wright And Co.
Respondent
Amar Nath Roy And Ors.
Author
R.C. Lahoti
Bench
R.C. Lahoti, G.P. Mathur

Judgment text excerpt

The Supreme Court ruled that in cases where a decree for eviction is stayed, the tenant must pay mesne profits to the landlord at a reasonable rate, which may exceed the contractual rent. Citing the precedent in Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd., the Court held that the landlord is entitled to compensation based on the market rate of rent, not limited to the previous contractual rate. The Court directed the appellants to pay Rs. 1,80,000 per month as mesne profits during the appeal period, reflecting the potential rental value of the property.

Anderson Wright And Co. vs Amar Nath Roy And Ors. · Niyam