Punjab & Haryana High Court Upholds Direction To BSNL To Pay Mesne Profits For Unauthorised Possession Of Suit Property After Lease Expiry

The bench comprising Justice Arvind Singh Sangwan further held that no substantial question is involved in the instant case and it is a pure finding of fact that the appellant did not vacate the premises even after the expiry of the lease deed.

…….no substantial question is involved and it is pure finding of fact that the appellant has not vacated the premises on 28.02.2005, as it is admitted fact that tower remained on premises of the plaintiff, therefore, the lower appellate Court has rightly assessed the mesne profit @Rs.1,000/-, considering the fact that the fresh premises was taken by BSNL, of one Rajwanti measuring 840 square yards on a rent of Rs.2500/.

In the instant case, the respondent-plaintiff filed a suit against the appellant-defendant on the ground that property in dispute was leased out to them at the rate of Rs.500/- per month for 10 years starting from 01.02.1994, for installing a telephone exchange by erecting a tower.

After expiration of the lease agreement the respondent-plaintiff served a legal notice to BSNL and thereafter, filed the suit.

It was the second appeal filed by BSNL against the judgement of the Trial Court and the decision of the lower appellate court whereby the court granted a decree of possession to the respondent-plaintiff and directed BSNL to pay the mesne profit at the rate of Rs. 1,000 for being in unauthorised possession of the suit property after the expiry of the lease deed.

Accordingly, the court dismissed both the appeals.

Case Title: General Manager (TD), Bharat Sanchar Nigam Ltd., Rohtak Vs. Gulab Singh

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