Valmiki J. Mehta, J. - (1.) C.M. No.19143/2018 (exemption) Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.19144/2018 (for condonation of delay)
(2.) For the reasons stated in the application, delay of 15 days in re-filing the appeal is condoned. C.M. stands disposed of. RFA No.393/2018
(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff/landlady impugning the judgment of the Trial Court dated 5.12.2017 by which trial court has partly decreed the suit filed by the appellant/plaintiff/landlady. The appellant/plaintiff/landlady filed the suit for recovery of Rs.37,96,870/- towards arrears of rent and mesne profits but trial court has decreed the suit only for arrears of rent for the months from 1.7.2001 to 30.4.2002 totaling to Rs.6,25,950/-. Mesne profits/rent for the period after 30.4.2002 has not been granted to the appellant/plaintiff/landlady on account of her refusing to receive possession of the tenanted premises from the respondent/defendant/tenant on 30.4.2002.;