Punjab-Haryana High Court
Shanti Devi & Ors vs Sham Lal & Ors on 11 December, 2012
Author: Jaswant Singh
Bench: Jaswant Singh
CR No.7404 of 2012(O&M) #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Civil Revision No.7404 of 2012(O&M)
Date of Decision:-11.12.2012
Shanti Devi & Ors.
......Petitioners.
Versus
Sham Lal & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:- Mr. Manish Bansal, Advocate for Petitioners(tenant nos.1 to 4).
***
JASWANT SINGH, J.
Petitioners(tenant nos.1 to 4) are in revision under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against the order dated 27.11.2012 (Annexure P-6) passed by the learned Appellate Authority, Fast Track Court, Bathinda, whereby it has assessed mesne profits at the rate of Rs.15,000/- per month w.e.f. 18.08.2012 i.e. the date of eviction order passed by the learned Rent Controller, Bathinda from shop situated in building bearing M.C. No.4698, Bathinda.
In brief, the facts of the case are that the learned Rent Controller, vide its order dated 18.08.2012 ordered the eviction of the petitioners(tenants) and against the same, an appeal was preferred by the petitioners(tenant nos.1 to 4) as well as respondent nos.2 to 4. Along with the said appeal an application for staying the operation and execution of the CR No.7404 of 2012(O&M) #2# order dated 18.08.2012 was filed and it is in this application, that impugned order dated 27.11.2012 (Annexure P-6) has been passed, whereby the respondents(landlords) had sought mesne profits to be assessed by the Appellate Authority.
The respondents(landlords) had relied upon a copy of lease agreement dated 5.3.2004 which was executed in respect of a shop situated in Dhobi Bazaar, Bathinda and the same was leased out in favour of HDFC Bank for running an ATM at the rate of Rs.9000/- per month with a condition to increase the rent at the rate of 15% after expiry of every three years. Accordingly, the respondents(landlords) stated that mesne profits at the rate of Rs.25,000/- per month should be assessed.
On the other hand, petitioners(tenants) as well as respondent nos.2 to 4 had stated that the rent is not as high as has been projected by the respondent no.1(landlord) and thus mesne profits should not be assessed.
After hearing learned counsel for the parties, learned Appellate Authority, Bathinda assessed mesne profits at the rate of Rs.15,000/- per month w.e.f. 18.08.2012 and aggrieved against the said impugned order, present revision petition has been preferred.
I have heard learned Counsel for the petitioners(tenant nos.1 to
4) and have gone through the case file carefully with his able assistance.
Learned Counsel for the petitioners(tenant nos.1 to 4) has argued that the learned Appellate Authority, Bathinda has not taken into consideration the fact that there is no mention of the area in the lease deed dated 5.3.2004 which was let out to the HDFC Bank for running the ATM. Thus, the learned Appellate Authority has acted illegally and there are material irregularities in fixing the mesne profits at the rate of Rs.15,000/-
CR No.7404 of 2012(O&M) #3# per month. Thus, prayer was made for setting aside the impugned order.
After hearing learned Counsel for the petitioners(tenant nos.1 to 4) and perusing the paper book, this Court is of the opinion that the present revision petition is devoid of any merit and the same deserves to be dismissed. It is not in dispute that the petitioners(tenants) have not placed on record even a single lease deed before the learned Appellate Authority or before this Court which would show as to what is the rate of rent prevalent at present in the area surrounding the demised premises. The sole barometer that was available with the Appellate Authority as well as this Court is the lease agreement dated 5.3.2004 which is pertaining to a shop located in Dhobi Bazaar, Bathinda for running an ATM. It is not in dispute that the demised premises is located in the heart of the city and is a corner shop having frontage and opening both towards Dev Samaj Chowk on the eastern side and Dhobi Bazaar on the Southern side. Thus, keeping in view the prime location of the shop in question, this Court is of the opinion that the learned Appellate Authority has rightly assessed the mesne profits at the rate of Rs.15,000/- per month, as the demised premises is better located than the shop pertaining to the lease agreement dated 5.3.2004. The amount that has been assessed by the learned Appellate Authority, cannot be stated to be in excess or exaggerated so as to interfere in its findings, especially when it is an admitted position that as per the contractual tenancy, the petitioners (tenant nos.1 to 4) were liable to pay rent at the rate of Rs.9600/- per month. As there is only one lease deed which would show any semblance of the prevalent market rate of rent, this Court is of the view that the mesne profits at the rate of Rs.15,000/- per month, keeping in view the location of the shop as well as the rent of a shop which is not located in as prime location CR No.7404 of 2012(O&M) #4# as the demised premises, cannot be held to be exaggerated.
In view of the above, finding no merit in the present revision petition, the same is hereby dismissed.
( JASWANT SINGH ) JUDGE December 11, 2012 Vinay