Punjab-Haryana High Court
Baldev Singh vs Ranbir Singh on 2 December, 2014
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R. No. 5845 of 2014
Date of decision: 02.12.2014
Baldev Singh ....Petitioner(s)
Versus
Ranbir Singh ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Mr. V.K. Sandhir, Advocate,
for the petitioner.
G.S.SANDHAWALIA, J. (Oral)
Challenge in the present revision petition filed by the landlord is to the order dated 19.03.2014 (Annexure P-6) whereby, mesne profits have been fixed at `3,500/- per month by the Appellate Authority while deciding the stay application in the application for determination of mesne profits filed by the petitioner-landlord.
The ejectment was ordered on 01.10.2013 by the Rent Controller. Resultantly, the appeal was filed by the tenant alongwith an application for stay. The petitioner-landlord had filed the application for determination of mesne profits alleging that the shop is situated in the area of Lawrence Road, Amritsar and the rent ranges from `20,000/- to `25,000/- per month and the copies of the rent note of the shops had been obtained and accordingly, the mesne profits were prayed for @ `25,000/- per month. As noticed, the Appellate Authority has determined the mesne profits at `3,500/- per month.
Counsel for the petitioner submits that as per the licence deed dated 14.06.2013 (Annexure P-6) of a shop on the first floor on the same road, sum of `21,000/- was being charged by the landlord and in such circumstances, the amount of mesne profits assessed by the Appellate SHIVANI GUPTA 2014.12.09 12:55 I attest to the accuracy and integrity of this document Chandigarh -2- Authority was paltry and on the lower side. It is accordingly submitted that the order is liable to be modified and mesne profits, as claimed in the application, should have been awarded.
After hearing counsel for the petitioner, this Court is of the opinion that no fault can be found in the order passed by the Appellate Authority. It is settled principle of law that the mesne profits have to be assessed on the basis of registered lease deed pertaining to a similar building or shop. The landlord himself has failed to show any material or place on record any registered lease deed, on the basis of which, the said amount could be assessed at `25,000/- per month. This Court in Surinder Kumar vs. Rattan Lal, 2006 (2) PLR 200 laid down the said principles keeping in view the judgments of the Apex Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd, 2005 (1) SCC 705 and Anderson Wright and Co. vs. Amar Nath Roy, 2005 (6) SCC 489. The Apex Court in State of Maharashtra and another vs. M/s. Super Max International Pvt. Ltd. and others, 2009 (9) SCC 772 also held to the same effect. The said view was followed by this Court in M/s. Salvo Furniture vs. Shri Kartar Singh Dhillon and others, 2012 (3) PLR 73 and it was held that the fixing of mesne profits is to be on the basis of the registered lease deeds which are the valid parameters and good tool bar in fixing the mesne profits.
Accordingly, keeping in view the absence of any registered lease deed having been brought on record before the Appellate Authority, the impugned order is not liable to be interfered with since the license deed admittedly relied upon is not registered. Accordingly, the present revision petition is dismissed.
02.12.2014 (G.S. SANDHAWALIA) shivani SHIVANI GUPTA JUDGE 2014.12.09 12:55 I attest to the accuracy and integrity of this document Chandigarh