Punjab-Haryana High Court
Ravinder Kumar vs Satish Kumar on 9 October, 2014
Author: Surinder Gupta
Bench: Surinder Gupta
CR-6897-2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Civil Revision No.6897 of 2014 (O&M)
Date of Decision: October 09, 2014.
Ravinder Kumar
......PETITIONER(s).
VERSUS
Satish Kumar
....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. B.D. Sharma, Advocate
for the petitioner (s).
*******
SURINDER GUPTA, J.(Oral)
Heard.
This revision petition is directed against the order dated 23.08.2014 passed by Appellate Authority, Amritsar whereby the petitioner, who is a tenant in the shop of the respondent, was directed to pay a sum of `2,500 per month as mesne profits, with the observations in para No.10 and 11 as follows:-
"10. This authority in the present appeal is to determine the mesne profits keeping in view the area of tenanted premises, the nature of the accommodation available, the location of the demised premises, the period for which the tenant is in occupation and the rent which the demised premises may fetch if the premises is SACHIN MEHTA 2014.10.16 11:58 I attest to the accuracy and integrity of this document Chandigarh CR-6897-2014 -2- leased out today. Keeping in view the fact that the premises in dispute is a shop and it is located in a commercial and was let out about ten years earlier, it will be reasonable if the appellant-tenant is asked to pay a sum of `2,500 per month as mesne profits.
11. The application filed by the respondent- landlord is accordingly allowed and the appellant-tenant is directed to pay mesne profits of `2,500 per month, from the date of passing of ejectment order against him i.e. 2.8.2013. The arrears of mesne profits till 30.9.2014 minus the amount already paid, if any, shall be deposited with learned Rent Controller, Amritsar within one month from today. The amount of mesne profits accruing after 30.9.2014 shall be deposited with the Rent Controller by 15th of each succeeding month, starting from 1.10.2014. To make things clear, the mesne profits for the month of October, 2014 shall be payable by 15.10.2014. In addition, the appellant-tenant shall also be liable to pay the arrears of rent, if any, @ `770 per month, for the period till passing of the ejectment order. The arrears of rent shall be deposited within one month from today. The dispossession of the appellant-tenant shall be stayed subject to the appellant-tenant depositing the arrears of rent as well as mesne profits including the mesne profits for the future period as already stated above. The amount of mesne profits will not be released in favour of respondent-landlord till the decision of the appeal, except the amount at which rent was payable by the appellant- tenant. The balance amount of mesne profits shall be paid to the party in whose favour the appeal is finally decided. In case appellant-tenant fails to deposit the SACHIN MEHTA 2014.10.16 11:58 I attest to the accuracy and integrity of this document Chandigarh CR-6897-2014 -3- arrears of rent and mesne profits in terms of this order, the stay shall stand vacated automatically. The application of appellant-tenant for stay stands disposed of accordingly."
Learned counsel for the petitioner submits that premises was taken on rent about ten years back @ `700 per month with clause for enhancement of 10% after every three years. The Appellate Authority has fixed the mesne profits without conducting any enquiry or recording any evidence.
I have heard learned counsel for the petitioner and perused the paper book.
It is not disputed that the demised premises is situated in a commercial area of Amritsar. The petitioner has been ordered to be ejected from the demised premises on the ground of personal bona fide necessity of the landlord. The Appellate Authority has stayed the execution but directed the petitioner to deposit mesne profits @ `2,500 per month which will not be released to the respondent-landlord till the disposal of the appeal. While fixing the quantum of mesne profits, Appellate Authority has relied upon the observations of Hon'ble Supreme Court in Rattan Arya etc. etc. V. State of Tamil Nadu and another AIR 1986 Supreme Court 1444 which require a Court to take judicial notice of the enormous manifold increase of rents throughout the country, particularly in urban areas, while assessing the mesne profits. Keeping in view the above facts, I am of the considered opinion that amount of SACHIN MEHTA 2014.10.16 11:58 I attest to the accuracy and integrity of this document Chandigarh CR-6897-2014 -4- `2,500 fixed by the Appellate Authority as mesne profits for a shop situated in commercial area of city like Amritsar is not on higher side.
This petition has no merits. Dismissed.
( SURINDER GUPTA ) October 09, 2014. JUDGE Sachin M. SACHIN MEHTA 2014.10.16 11:58 I attest to the accuracy and integrity of this document Chandigarh