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Anil Kumar Khanna And Ors vs The Indian Tourism Development ... on 17 July, 2015

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1. By the present order I shall dispose of the objections to the report of the Local Commissioner filed by plaintiff No.1, plaintiff No.2, plaintiff No.3 and the defendant respectively. The plaintiffs filed the present suit for recovery of possession of property commonly known as Jiwan Roop Mansion „L‟ Block, Radial Road, Connaught Circus, New Delhi. This Court vide judgment dated 5.2.2001 passed a decree for possession of the suit property. The Court also directed that the plaintiff shall be entitled to a preliminary decree for mesne profits of Rs.30,000/- for the period from 1.1.1980 till 31.1.1980. Plaintiff was also held entitled to interest @12% per annum on the mesne profits determined from the date of its accruing till date. Pendente lite interest of 6% per annum from the date of decree till the date of payment was awarded. The court also held that w.e.f. 1.2.1980 an inquiry is required to be conducted as to the amount of mesne profits that the plaintiffs are entitled to. Mr.Bhawani Shanker Bannerjee, Advocate was appointed as Local Commissioner to determine the amount of mesne profits payable to the plaintiffs by the defendant from 1.2.1980 till date of delivery of possession.


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