In a civil revision against an eviction appeal order, the High Court of Punjab and Haryana affirmed the direction to pay mesne profits of Rs.4000 per month, holding the assessment reasonable and not excessive or punitive.
None; the revision petition was dismissed upholding the order for mesne profits.
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.
Civil Revision No. 6746 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**Civil Revision No. 6746 of 2011 Date of Decision: 04.11.2011 *****
Rakesh Kumari
.. Petitioner
VS.
Somnath
.. Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
**Present:Mr. S.S. Bains, Advocate for the petitioner. *****
ARVIND KUMAR, J.
The petitioner is aggrieved with order dated 11.8.2011 by virtue of which, in a pending appeal preferred by her against her eviction, she has been directed to pay mesne profits to the tune of Rs.4000/- per month.
Heard.
The premises are under the tenancy of petitioner since 1998 and the learned Rent Controller assessed the rent @ Rs.800/- per month. Though the respondent claimed the portion under the occupation of petitioner as one drawing dining, bed room, kitchen, latrine and bath etc., while according to the petitioner it is only one room set without any kitchen. It is equally settled that once a tenant occupies the premises, irrespective of the ejectment order, he is liable to pay mesne profits at such rate so as to reasonably compensated the landlord for being deprived to get immediate possession of the disputed premises, during the hearing of the appeal. The suit premises are situated at Sector 56 Chandigarh, bearing property No. 1061 and during these days the rents are very high. The perusal of impugned order reveals that the appellate Authority while taking into consideration the locality where the premises are located, the nature of accommodation and the period from which the tenant is in occupation and the rent which the
2
Civil Revision No. 6746 of 2011
demised premises may fetch if leased on date, rightly assessed the mesne profits to the tune of Rs.4000/- per month, which cannot be said to be either excessive or punitive. There is no illegality or ambiguity in the impugned order.
Dismissed.
(ARVIND KUMAR) November 04,2011 JUDGE Jiten
2 issues framed by the court
Whether the order directing payment of mesne profits at Rs.4000 per month is illegal or ambiguous and requires to be set aside.
Whether the appellate authority rightly assessed mesne profits based on locality, nature of accommodation, and date of lease.
Rakesh Kumari
Somnath
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
