IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2061 OF 2002

Jai Prakash        ...Appellant(s)

Versus

Gulab Singh Rathore       ...Respondent(s)

O  R  D  E  R

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/-

- 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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 19, 2009.