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.
...2/-
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.
[G.S. SINGHVI] New Delhi, March 19, 2009.