JUDGMENT Mr. Ajay Tewari, J.(Oral) - Reply filed by the non-applicant-petitioner is taken on record. 2. These are two applications. C.M. No.28371-CII of 2009 is for assessing the mesne profits while C.M. No.27852-CII of 2012 is for placing on record. 3. By the application for mesne profits the applicant-respondent has urged that the market rent of the premises in dispute cannot be less than Rs.18,000/-p.m. By the subsequent application he has placed on record the lease deed dated 29.02.2012 pertaining to House No.3010, Sector 21-D, Chandigarh where the first floor of the similar house has been rented out @ Rs.33,000/- p.m. 4. Learned senior counsel for the petitioner-tenant on the other hand has argued that as per the case of the respondent himself he had taken the neighbouring house on rent @ Rs.5,000/- p.m. in the year 2004. He has further argued that the petitioner is an old tenant and at present the rate of rent is Rs.475/- p.m. and while fixing the mesne profits the Court has to make a balance between the rent which the premises in dispute may have fetched vis-a-vis the interest of an old tenant who by this method cannot be squeezed out of the tenancy. 5. In my opinion, one of the parameters which this Court can consider is the testimony of the respondent-landlord himself wherein he has stated that he had taken an identical premises on rent @ Rs.5,000/- p.m. in the year 2004. The other point of reference can be the application filed in the year 2009 which shows the rate of rent of a similar place at Rs.18,000/- p.m. The year of eviction is 2006. Obviously, neither of these instances can be determinative. In this situation, it is for the Court to make a fair estimate keeping in view the circumstances which have been placed on record. 6. After taking into consideration all the facts mentioned above, in my opinion, it would be in the interest of justice if the mesne profits is fixed @ Rs.10,000/- p.m. from the date of eviction viz., 28.02.2006. The said mesne profits would increase by 10% every year. The arrears of mesne profits upto 31.12.2012 on this basis may be deposited within a period of four months from today before the Executing Court. The amount of mesne profits would not include the rent which has already been paid. The said mesne profits would increase by 10% every year. The arrears of mesne profits upto 31.12.2012 on this basis may be deposited within a period of four months from today before the Executing Court. The amount of mesne profits would not include the rent which has already been paid. As regards the current mesne profits the same be deposited in advance by the 7th of every month before the Executing Court. The Executing Court is directed to put the same in a recurring deposit. The amount cumulated in these two deposits would be handed over to the party found entitled thereto after the decision. 7. Application stands disposed of in the above terms. ---------0.B.S.0------------