Punjab-Haryana High Court
Akshay Jain And Another vs Vivek Mohan Mittal on 14 January, 2014
Author: Sabina
Bench: Sabina
CR No.149 of 2014 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(126)
CR No.149 of 2014 (O&M)
Date of decision: 14.01.2014.
Akshay Jain and another
......Petitioners
Versus
Vivek Mohan Mittal
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Ajay Jain, Advocate for the petitioners.
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SABINA, J.
Petitioners have filed this petition challenging the order dated 18.11.2013 whereby mesne profits have been assessed by the appellate authority.
Respondent had filed ejectment petition against the petitioners. The same was allowed by the Rent Controller vide order dated 08.02.2012. Petitioners have preferred an appeal against the said order. During the pendency of the appeal, respondent moved an application for assessment of mesne profits whereas petitioners moved an application for stay of the execution and operation of the ejectment order dated 08.02.2012. The appellate authority, vide impugned order dated 18.11.2013, has assessed the mesne profits Sandeep Sethi 2014.01.16 10:41 I attest to the accuracy and integrity of this document CR No.149 of 2014 (O&M) -2- @ ` 30,000/- per month. Hence, the present petition.
Learned counsel for the petitioners has submitted that the appellate authority has erred in assessing the mesne profits @ ` 30,000/- per month. In fact, the rate of rent as settled between the parties was ` 9,892/- per month. Learned counsel has further submitted that no reliance could be placed on unregistered lease deeds placed on record by the petitioners.
Learned appellate authority, while assessing the mesne profits has placed reliance on lease deeds placed on record by the respondent. As per the lease deed pertaining to the year 2010, 2400 square feet area on the ground floor and first floor had been let out on a monthly rent of ` 60,000/- with yearly increase @ 6%. The rate of rent from 01.03.2013 to 28.02.2014 was ` 71,461/-. The learned appellate authority further placed reliance on registered lease deed dated 17.03.2010. As per the same 1,000 square feet area on the ground floor relating to Industrial Shed No.449, Industrial Area, Phase-II, Ram Darbar, Chandigarh was rented out @ ` 40,000/- per month with annual increase @ 8%. The rent of the period of 07.03.2012 to 06.03.2013 is ` 46,660/-. Basing reliance on the lease deeds, the learned appellate authority came to the conclusion that the tenant was liable to pay mesne profits @ ` 25 per square feet and the same came to ` 42,500/- per month. Since the landlord had claimed mesne profits @ ` 30,000/- per month, the learned appellate authority ordered that the petitioners were liable to Sandeep Sethi 2014.01.16 10:41 I attest to the accuracy and integrity of this document CR No.149 of 2014 (O&M) -3- pay mesne profits @ ` 30,000/- per month. The mesne profits have been worked out by the learned appellate authority on the basis of lease deeds placed on record by the landlord. Lease deed dated 17.03.2010 is a registered one. In these circumstances, it is evident that the learned appellate authority has rightly allowed mesne profits @ ` 30,000/- per month.
Hence, no ground for interference is made out. Dismissed.
(SABINA) JUDGE January 14, 2014.
sandeep sethi Sandeep Sethi 2014.01.16 10:41 I attest to the accuracy and integrity of this document