Petitioner challenged an appellate order assessing mesne profits. The High Court held that no illegality or perversity existed in the order and affirmed the assessment, dismissing the revision petition.
The revision petition was dismissed, maintaining the appellate authority's order assessing mesne profits at ₹20,000 per month.
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.
C.R. No.1511 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.1511 of 2012 (O & M) Date of decision: 07.03.2012
Dhirender Gupta ….Petitioner Vs. M.S. Rana ….Respondent
CORAM: HON’BLE MR.JUSTICE G.S.SANDHAWALIA
Present: Mr. Divanshu Jain, Advocate, for the applicant-petitioner.
G. S. SANDHAWALIA, J. (ORAL)
C.M. No. 6446-CII of 2012
Application filed under Section 151 CPC seeking exemption from filing certified/legible copies of Annexures P-2 to P-6 and typed copies of Annexures P-5 And P-6 and for permission to place on record true/typed copies of the same is allowed, in view of the averments made in the application, which are duly supported by an affidavit. C.R. No.1511 of 2012
Challenge in this petition is to order dated 09.02.2012 whereby, the appellate authority has assessed mesne profits @ 20,000 per month. The premises in question is cabin in SCO No. 1130 on the first floor of Sector 22-C, Chandigarh, having area of about 180 square feet. The order of eviction was passed on 13.09.2011. Resultantly, the tenant preferred the appeal before the Appellate Authority. The landlord before the appellate authority filed a detailed application for fixing the mesne profits @ 35,000 per month with effect from the date of eviction. The said application was
C.R. No.1511 of 2012
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contested and resultantly the impugned order has been passed whereby the mesne profits are assessed @ `20,000 per month and the tenant was protected from being dispossessed subject to the tenant depositing the arrears of rent as well as mesne profits including the mesne profits for the future period.
Counsel for the petitioner has contended that he had placed on record lease deeds to show that for SCO Nos. 1028-29 of Sector 22-B, Chandigarh, the rate of rent was fixed @ `200 per square feet and, therefore, the amount which has been awarded is less in comparison and only works out to 111 square feet.
A perusal of the order of the appellate authority goes on to show that the appellate authority has taken into consideration the lease deed dated 15.07.2011 and keeping in mind that the premises in question is only a cabin on the first floor and accordingly calculated the rent per square feet pertaining to SCO Nos. 1028-29, Sector 22-B, Chandigarh in fixing the mesne profits. The lease deeds pertaining to the premises in question, which are relied upon by the landlord, are of the whole shop in question. It is a matter of common knowledge that on the first floor, the landlord leased out the premises to various tenants by dividing the first floor and several cabins are put up and rent on the ground floor cannot be the correct yardstick. Therefore, the reasoning given by the appellate authority cannot be faulted whereby he has not granted the same rent which has been relied upon for the ground floor of the other premises and given a proportionate reduction.
No illegality or perversity can be pointed out in the order of the Rent Controller. There is no scope for interference in the well reasoned order of the appellate authority under the revisional jurisdiction of this Court.
C.R. No.1511 of 2012
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Accordingly, the present revision petition is dismissed.
(G.S.SANDHAWALIA) JUDGE 07.03.2012 shivani
1 issue framed by the court
Whether the revisional jurisdiction should exercise interference in the well-reasoned order of the appellate authority assessing mesne profits.
Dhirender Gupta
M.S. Rana
G.S.Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
