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2013 DIGILAW 1359 (PNJ)

Rajinder Sharma v. Om Parkash Sharma

2013-10-09

RAKESH KUMAR GARG

body2013
JUDGMENT Mr. Rakesh Kumar Garg, J. (Oral):- This is tenant’s revision petition challenging the order dated 09.04.2013 of the Appellate Authority, Chandigarh whereby mesne profits of the demised premises, i.e. Booth No.16, Sector 35-C, Chandigarh (which includes basement and ground-floor), have been assessed at Rs. 32,500 per month and the petitioner has been directed to deposit the same with the Rent Controller, Chandigarh w.e.f. the date of eviction order dated 12.09.2012. 2. While challenging the impugned order, counsel for the petitioner has referred to the personal litigation of the petitioner with his wife whereby he has paid a huge amount to his wife, and his income tax return to show that he is not earning too much; and on the basis of aforesaid documents it has been pressed before this Court that the amount of mesne profits as assessed vide impugned order be reduced. 3. However, learned counsel for the petitioner could not dispute that the documents as shown to the Court, as mentioned above, have no bearing on the determination of mesne profits. 4. Faced with this situation, learned counsel for the petitioner has referred to the Memorandum of Understanding-cum-Agreement, whereby cabins at second floor of SCO No.104, Sector 35-C, Chandigarh have been given on rent by the landlord on 01.10.2012. After referring to the aforesaid agreement, learned counsel has submitted that even the rent of the aforesaid cabins, which are in a big showroom, is less and therefore, determination of the mesne profits of the demised premises is incorrect and is liable to be modified. 5. However, learned counsel for the respondent-landlord has supported the impugned orders. According to him, while determining the mesne profits, the Appellate Authority has taken into consideration the fact that the agreed rent of the demised premises was Rs.6,500 per month since 1995 and keeping in view the rise in prices and other things, the amount of Rs.32,500 per month, as determined, cannot be said to be unreasonable. 6. Keeping in view the facts and circumstances of the case, this Court is of the opinion that it will be in the interest of justice if the mesne profits of the demised premises are determined at Rs.25,000 per month. The impugned order is modified to the aforesaid extent. Let the petitioner deposit the arrears of mesne profits at the aforesaid rate with the Appellate Authority in terms of the impugned order. 7. Disposed of.