COMPACK ENTERPRISES INDIA (P) LTD. versus BEANT SINGH

COMPACK ENTERPRISES INDIA (P) LTD. versus BEANT SINGH

The High Court’s recording that the Petitioner must hand over possession of the entire suit property of 5,472 sq. ft. to the Respondent was upheld as that question had attained finality by earlier proceedings; however the consent decree contained an inconsistency regarding mesne profits (noting 10% increase after every 12 months but exemplifying increases at alternate years), which was an error apparent on the face of the record and was rectified by holding that mesne profits increase by 10% every alternate year from 2009 until handover of possession.

Parties
Petitioner: COMPACK ENTERPRISES INDIA (P) LTD.; Respondent: BEANT SINGH
Jurisdiction
India
Judgment Date
17 February 2021
Procedural Posture
Special Leave Petition (civil) / Disposed
Outcome
Special Leave Petitions disposed of; consent decree modified in part and directions issued for handing over possession, payment of arrears and costs.
Legal Topics
Consent Decree, Mesne Profits, Possession, Review, Order XII, Rule 6 CPC
Civil Procedure Property Consent Decree Mesne Profits Possession Review Order Xii, Rule 6 CPC

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Parties

COMPACK ENTERPRISES INDIA (P) LTD.

Petitioner

BEANT SINGH

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposed

Legal Issues

  1. 1 Whether the consent decree terms can be unilaterally modified by the Court
  2. 2 Whether the Petitioner was in possession of the entire suit property of 5,472 sq. ft. or only 2,200 sq. ft.
  3. 3 Whether mesne profits should increase by 10% every year or every alternate year

Ratio Decidendi

The High Court’s recording that the Petitioner must hand over possession of the entire suit property of 5,472 sq. ft. to the Respondent was upheld as that question had attained finality by earlier proceedings; however the consent decree contained an inconsistency regarding mesne profits (noting 10% increase after every 12 months but exemplifying increases at alternate years), which was an error apparent on the face of the record and was rectified by holding that mesne profits increase by 10% every alternate year from 2009 until handover of possession.

Court Disposition

Special Leave Petitions disposed of; consent decree modified in part and directions issued for handing over possession, payment of arrears and costs.

Orders

  • Petitioner to hand over possession of the suit property measuring 5,472 sq. ft. to the Respondent within eight weeks from the date of the judgment.
  • Registry directed to expeditiously release any arrears of mesne profits already deposited by the Petitioner before this Court to the Respondent.