Ram Lakhan vs Chetan Vaid
2022 Latest Caselaw 8299 P&H

CR-3036-2022                                                         1

124   IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                 CR-3036-2022
                                 Date of decision : 02.08.2022

Ram Lakhan                                           ...Petitioner
                                 Vs.
Chetan Vaid                                          ...Respondent

CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:     Mr. Maninder Singh Bajwa, Advocate
             for the petitioner.

                          ***
MANOJ BAJAJ, J.

Petitioner (tenant) has filed this revision petition to challenge the

order dated 01.07.2022 passed by Additional District Judge, Amritsar whereby

petitioner was directed to deposit the mesne profits @ Rs.7000/- per month

from the date of eviction order dated 18.02.2020, within a period of one month.

Learned counsel for the petitioner (tenant) has argued that though

Rent Controller has ordered petitioner's eviction vide judgment dated

18.02.2020 (Annexure P-1) and against the said decision, his appeal before the

appellate authority is pending, wherein, the application filed by respondent

(landlord) seeking mesne profits has been allowed by assessing the same @

Rs.7,000/- from the date of the eviction order. Learned counsel has argued that

the said assessment is based upon a license deed in favour of Balpreet Singh

son of Jagpal Singh to draw the conclusion that the similar shops are being

rented out @ Rs.6,000/- to Rs.9,000/- per month and the said document is not

registered, therefore, the same was not admissible in evidence. He submits that

the mesne profits assessed are at higher side, therefore, the impugned order is

not sustainable. He prays for setting aside the order.

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After hearing learned counsel and considering the arguments, this

Court finds that the property in question was taken on rent by petitioner w.e.f.

03.07.1985 from Hemraj (Grand-father of respondent) and subsequently, title

of the property devolved upon the respondent. The initial rate of rent was

Rs.300 per month, which was increased to Rs.550/- per month from March

2017, therefore, considering the nature and its usage, this Court finds that the

mesne profits have been correctly assessed by the appellate authority. The

argument that the licence deed relied upon by the appellate authority is not

admissible in evidence is without any merit as the nature of this document does

not require compulsory registration.

A perusal of the impugned order shows that the appellate authority

has carefully examined the facts and other attending circumstances while

assessing the mesne profits, therefore, the said order does not suffer form

illegality or impropriety.

Resultantly, petition fails and is dismissed.

                                                  (MANOJ BAJAJ)
                                                     JUDGE
02.08.2022
vanita
             Whether speaking/reasoned :             Yes       No
             Whether Reportable :                    Yes       No




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