- (1.) THE applicants/appellants (legal representatives of late Sh. T.C. Parihar) have filed the present misc. application under Sections 151 and 152 for seeking correction/clarification in the judgment and order dated 28.09.2012 passed by this Court disposing of the first appeal (SBCFA No.109/2002) filed by the appellants for fixation of standard rent of the suit premises let out to the defendant SBBJ, which was vacated and handed over to the landlord on 30.09.2011.
(2.) THE suit for standard rent was decided by this Court on 28.09.2012 while disposing of S.B.C.F.A. No.109/2002 - LR's of T.C. Parihar Vs. SBBJ and it was directed while increasing the standard rent and the respondent was directed to pay the arrears of enhanced standard rent in the folloiwng manner in para 14 of the said judgment and decree dated 28.09.2012: - "14. Consequently, the present appeal of the plaintiff -landlord is partly allowed and modifying the judgment and decree of the learned trial court dated 11.05.2002, it is directed that the defendant - Bank shall pay monthly rent of Rs.8,000/ - per month to the legal representatives of plaintiff -landlord, T.C. Parihar for the period 28.08.1990, for the period of five years with 15% increase, viz. @ Rs.9,200/ - from 28.08.1995 to till 30.09.2011, when the vacant possession of the suit premises was handed over to the plaintiffs -landlord. The arrears of rent of different amount, computed on the aforesaid basis after adjusting of rent @ Rs.7000/ - per month, already paid, is not paid by the defendant -SBBJ Bank within three months from today, the outstanding amount shall bear interest @ 9% per annum till the date of actual payment of such difference amount of standard rent."
(3.) THE present application has been filed by the applicants/appellants, legal representatives of late Sh. T.C. Parihar, submitting that in para 14 of the judgment, quoted above, the increase of 15% increase in the mesne profit/rent was required to be given for every block of five years period whereas by inadvertent error it was directed to be given for the entire block of period of 15 years from 28.08.1995 till 30.09.2011 when the vacant possession of the suit premises was handed over the landlord, whereas such 15% increase should have been made for every block of five years because that was agreed between the parties, which has been quoted in the order dated 28.09.2012 itself passed by this Court. Mr. Jitendra Chopra, learned counsel for the appellants submitted that in terms of Clause 5 of the agreement, the 15 per cent increase of the standard rent from Rs.8,000/ - to Rs.9,200/ - could not have been made for the entire period of 15 years from 28.08.1995 till 30.09.2011 and, therefore, there was a bonafide and apparent error in the said operative portion in para 14 of the judgment and that 15% increase per block of five years ought to have been given by this Court in the aforesaid judgment. He further submitted that if such difference amount is calculated giving increase of 15% in the mesne profit/rent for the entire period of 28.08.1995 till 30.09.2011 in the aforesaid corrected manner of giving increase of 15% in rent every 5 years, the following difference without any interest of Rs.3,22,832/ - would still be payable to the appellants/landlords. The calculation worked out in this respect which has been verified by both the sides counsel/s is given below: - JUDGEMENT_324_LAWS(RAJ)2_2015.htm;