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Supreme Court of India 2021-02-17 partly_allowed

Compack Enterprises India (P) Ltd vs Beant Singh

Bench: 2 — Mohan M. Shantanagoudar

In Brief

Compack Enterprises challenged a consent decree requiring it to hand over a leased property (5,472 sq. ft.) to Beant Singh and pay mesne profits with specified increases. The company contested the area covered and the frequency of profit increases (yearly vs. every alternate year). The Supreme Court upheld the entire-property possession requirement, holding that the 2006 License Agreement covered the full area and an earlier High Court judgment settling this had attained finality. However, the Court found the consent decree contained an internal inconsistency regarding mesne profit increases and rectified the error to provide for 10% increases every alternate year instead of annually, aligning with the original license agreement terms and Trial Court judgment.

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Civil Procedure Consent Decrees Possession and Mesne Profits Real Property

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