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2013 DIGILAW 916 (PNJ)

Lakhbir Singh v. Girdhari Lal

2013-07-24

Jaswant Singh

body2013
JUDGMENT Mr. Jaswant Singh, J.(Oral):- The petitioner/tenant in this revision is assailing the order passed by learned Appellate Authority, Chandigarh, dated 14.6.2011, whereby in his appeal against eviction order dated 29.3.2011 for the demised premises comprising ground floor of house no.35, Sector 15- A, Chandigarh, the learned Appellate Authority has assessed mesne profits @ Rs.20,000/- per month from the date of eviction. This Court while issuing notice of motion on 4.10.2011 had directed the petitioner/tenant to deposit the amount of mesne profits as determined vide order dated 14.6.2011 before the Registrar of this Court within two weeks. 2. It is not in dispute that the said amount payable till 31.10.2011 was duly deposited in the Registry. Subsequently, the tenant’s appeal was dismissed by the learned Appellate Authority vide judgement dated 14.2.2012 and even the civil revision filed by the landlord was disposed of by this Court vide judgement dated 12.4.2012, whereby the tenant was provided time to hand over the vacant possession by 31.10.2012. 3. As on today, concededly the vacant possession of residential house stands handed over to the landlord. It is also conceded that the tenant is yet to deposit the mesne profits @ Rs.20,000/- per month w.e.f. 1.11.2012 till the date of passing of order dated 14.2.2012 by the Appellate Authority,Chandigarh. 4. Learned counsel for the petitioner/tenant submits that the learned Appellate Authority vide impugned order dated 14.6.2011 has illegally fixed the rate of mesne profits as Rs.20,000/- per month based on no evidence at all and rather he proceeded on its own assumptions. He further submits that while arriving at the rate of Rs.20,000/- reliance was being placed on a compromise deed relating to a residential house No.171, Sector 15-A, Chandigarh, which was not admissible in evidence being an unregistered document. 5. On the other hand, learned counsel for the respondent/landlord states that a copy of the compromise deed was placed on record before the learned Appellate Authority wherein it is indicated that the rate of rent for the first floor of H.No.171, Sector 15- A, Chandigarh for residential purposes is @ Rs.24,000/- per month. He further submits that in the summary proceedings envisaged under the Act, strict principles of Civil Procedure Code or Evidence Act are not applicable. He further submits that in the summary proceedings envisaged under the Act, strict principles of Civil Procedure Code or Evidence Act are not applicable. He further submits that the learned Appellate Authority is to make a guess work regarding the rent that would be available to a landlord for the demised premises in case the same were to be let out at that stage. He accordingly submits that a reasonable cut has been imposed while relying on the rent indicated in the compromise deed for determining the mesne profits for the present demised premises. 6. After hearing the learned counsel for the parties, I am inclined to agree with the counsel for the respondent/landlord. 7. It is not in dispute that as per the settled law, some amount of guess work is involved in determining the prevalent market rent for similar premises in the same vicinity for determining mesne profits for the demised premises qua which eviction order has already been passed. In the present case, reliance on the rate of rent for the first floor of another house in the same Sector cannot be, by any stretch of imagination, be construed as arbitrary, in the face of the fact that the tenant had also not produced any rent note to show the prevalent market rate. In such circumstances, the assumption made by the learned Appellate Authority cannot be accepted to be erroneous or illegal. 8. In view of the above, present revision petition is dismissed. ---------0.B.S.0------------ ———————————