8.10.2012 two applications were moved by the tenant/JD for dismissing the execution and also for making a reference to the High Court in view of the assertions that after the passing of the eviction decree by the Rent Controller, which is a Tribunal, it had no jurisdiction to assess the mesne profits. It was further stated that even the Executing Court was not competent to assess the mesne profits as the jurisdiction of the same would only vest with the Civil court. The applications were contested. The learned Executing Court-cum-Rent Controller, Chandigarh vide impugned order dated 23.7.2013 (P2) dismissed both the applications. It was held that no reference to the High Court was maintainable in view of the categoric direction by Hon'ble the Supreme Court vide order dated 11.5.2012 (P3) directing the learned Rent Controller to determine the quantum of mesne profits payable by the JD/tenant to the landlord for the use and occupation of the demised premises from 6.5.2002 to 11.2.2012 by holding an inquiry by giving opportunity to both sides to lead their evidence. As regards the other application asserting that the Executing Court had no jurisdiction, it was held that in view of the provisions of Section 47 of the Code of Civil Procedure, the question between the parties to the “lis” had to be determined by the same court. It was further held that although the vacant possession of the demised premises had been handed over, however, the decree could not be construed to be satisfied since the question of payment of arrears of mesne profits in terms of
