Bata India Limited v. Om Wati Jain
Case brief
What is this about?
High Court dismissed a civil revision instituted by Bata India Ltd. against an order directing payment of mesne profits during pendency of an appeal in a tenancy dispute. The Court quash of the judgment below and found that the appellate authority fixed mesne profits based on prevailing rental rates in the locality and struck at remand the matter for disposal.
What did the court decide?
Dismissal of revision; petitioner directed to deposit arrears of mesne profits by November 23, 2011, and pay future monthly amounts; appellate authority directed to expedite pending appeal.
What the court decided
1
Civil Revision No. 6888 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**Civil Revision No. 6888 of 2011 Date of Decision: 09.11.2011 *****
Bata India Ltd.
.. Petitioner
VS.
Om Wati Jain
.. Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
**Present:Mr. Sudhir Mittal, Sr. Advocate with Mr. Kunal Mulwani, Advocate for the petitioner. *****
ARVIND KUMAR, J.
Issues for consideration
3 issues framed by the court
Whether the mesne profits fixed by the appellate authority constitute an illegal or ambiguous order under the tenancy laws.
Whether the petitioner's appeal against the order directing payment of mesne profits succeeds.
Whether the eviction order challenged herein remains inoperative.
Parties & counsel
- petitioner
Bata India Ltd.
- respondent
Om Wati Jain
Coram
Arvind Kumar
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · November
- Registered
- Case no.
- CR/6888/2011
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