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2021 DIGILAW 980 (PNJ)

Tilak Raj Through His Legal Heirs v. Sant Kumar Through His Legal Heirs

2021-05-21

MANJARI NEHRU KAUL

body2021
Judgment Mrs. Manjari Nehru Kaul, J. (Oral) Prayer in the instant petition filed under Article 227 of the Constitution of India, is for setting aside the impugned order dated 25.02.2021 (Annexure P-1) vide which the petitioner-tenant was directed to pay mesne profit at the rate of Rs.7,500/- per month from the date of the eviction order i.e.,21.05.2019, failing which the stay granted against the eviction order would stand vacated. 2. Learned counsel contends that the amount of mesne profit is highly exorbitant more so on account of slump in the market due to the pandemic COVID-19. He therefore submits that it is beyond his means to pay the aforementioned amount of Rs.7,500/-. 3. Heard. 4. This Court does not find any justifiable reason to set aside the impugned order dated 25.02.2021 (Annexure P-1), however, keeping in view the prevailing conditions on account of the outbreak of the pandemic COVID-19, the petitioner-tenant is granted liberty to deposit the mesne profit fixed by lower appellate authority in equal installments spreading over the next 03 months. 5. Disposed of in the above terms.