In a Civil Revision, the High Court dismissed the petition against an appellate order directing the tenant to pay rent at the claimed rate during a pending eviction appeal. The court found no illegality in the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 6252 of 2011 Date of Decision: 13.10.2011
Lokesh Kumar & Anr.
.. Petitioners
VS.
Chander Mohan
.. Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
**Present:Mr. Sanjeev Sharma, Advocate for the petitioners. *****
ARVIND KUMAR, J.
The petitioners are aggrieved with order dated 8.6.2010 by dint of which the appellate Court below, in a pending appeal filed by respondent-tenant against the order of his eviction, disposed of the application filed by the petitioner claiming arrears of rent and mesne profits @ 10,000/- per month, by directing the respondent to pay the arrears of rent @ Rs.400/- per month.
Heard.
It is apparent from the perusal of record that the learned Rent Controller while ordering for eviction of the respondent-tenant, held the rent of the disputed property as Rs.400/- per month, as claimed by the petitionerlandlord. The impugned order has only been passed in the pending appeal and the grant of mesne profits etc. and its quantum, as claimed by the petitioners, would depend upon the fate of the appeal. At this juncture, the appellate Court below has rightly directed the respondent to pay the arrears of rent, at the rate, which were claimed by the petitioners at the time of filing of the eviction petition. There is no illegality or ambiguity in the impugned order. Dismissed.
(ARVIND KUMAR) JUDGE
October 13,2011 Jiten
Lokesh Kumar & Anr.
Chander Mohan
Arvind Kumar
As recorded by the court registry
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