Suit for possession mesne profits for running a gh
vinaykala
(Querist) 20 September 2013
This query is : Resolved
dear sir,
i filed a suit for possession of the second floor at a house in GK II which was willed to me by my mother thru a probated will. the second floor was unconstructed. my brother who was willed the first floor built temp rooms on sec floor, 3, and is running a successful guest house.
it has been admitted by him that he is running the guest house at rs 4400/- room rent per day from oct 2004. this was at the cr examinaation held in early sept 2013.
he has also admitted a receipt which he issued in october 2004 for rent received at rs 4400/- per day for three rooms.
the advertisements put by him online at sulekha.com has also been admitted by him.
in short it is established that he is running a gh on my sf from 20004.
my present lawyer informs me that dispite this evidence the judge may not consider it sufficient evidence to prove it is a guest house and may grant rent for residence instaed of aguest house.
investigation by three govt departments have also revealed that the second floor is used as a guest house. these documents are all proved, lux tax dep, CIC and the local commissioner appointed by the court.
my query is:-
1. in the circumstances narrated above does the judge really have a leverage to call its used as a residence and not as a guest house?.
2. in case he decides so and I go for appeal my lawyer states that though I shall get possession of the floor, the matter may be kept pending for over 10 years if i appeal?
may i be enlightened on the 2 queries above?
vinay kala
sep 20 13
Adv. Chandrasekhar
(Expert) 22 September 2013
If u have proved everything what you said in your querry in accordance with law, then the court would be having no problem to treat it as guest house and its per day income is Rs.4400/-. But the question raises about the occupancy status. The court cannot treat that every day of the month the GH has been occupied. So a reasonable amount be fixed as mesne profits unless you bring the records of GH to prove the income month wise from 2004. Once case is decided you can go for appeal for the limited question of mesne profits and if it would take ten or more years, that will not affect your present financial condition.
vinaykala
(Querist) 22 September 2013
thanks sir
vinay kala
V R SHROFF
(Expert) 22 September 2013
well advised by the experts, nothing more to add.
