Punjab-Haryana High Court
Ramphal (Since Deceased) Through His ... vs Shri Digambar Jain Panchayat Mandir on 11 March, 2024
CR-4908-2023 (O&M) 2024: PHHC:034852 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(117) CR-4908-2023 (O&M)
Date of Decision: 11.03.2024
Ramphal (since deceased) through his LRs ...Petitioners
Versus
Shri Digambar Jain Panchayat Mandir ...Respondent
CORAM: HON'BLE MRS. JUSTICE RITU TAGORE
Present: Ms. Jaishree Kaushik, Advocate
for the petitioners.
Mr. Anurag Jain, Advocate
for the respondent.
3K OK 3K
RITU TAGORE, J
CM-15311-CIT-2023
Application is for condonation of delay of 16 days in filing the
revision. Application is duly supported by affidavit of son of the petitioner
Ramphal.
For the reasons mentioned in the application and the arguments
addressed, delay of 16 days in filing the revision is condoned.
Application is accordingly disposed of.
CR-4908-2023
1. Present revision petition has been filed by the petitioner-tenant
against the order dated 09.05.2023, passed by learned Appellate Authority,
Hisar confirming the order dated 10.07.2017, passed by learned Rent
Controller, Hisar whereby the petitioner-respondent, a tenant has been
directed to vacate the demised premises and hand over the vacant possession
CR-4908-2023 (O&M) 2024:PHHC:034852 2
of the same to the respondent-petitioner, a landlord within a period of two
months.
2. It is submitted by learned counsel for the respondent-landlord
that petitioner became a tenant on the shop No.6, being part of Municipal
House Tax register No. B.[X-54/4 and part of Shri Digamber Jain Panchayat
Mandir, Jahajpul Chowk, Mill Road, Hisar, vide rent note dated 20.03.1988
for three months at rent of €760/- p.m., and thereafter became a statutory
tenant of the petitioner on the shop. He did not pay the rent w.e.f. 04.09.2000
and also ceased to occupy the shop for more than four months without any
reason. In fact, he closed his business and shop was lying closed for more than
five years, making him liable for his eviction from the shop.
3. Learned counsel for the respondent-landlord stated that before the
learned Appellate Authority, Hisar, also the petitioner-tenant did not pay
mesne profits as assessed, by pleading his financial inability to pay the same.
Observing his said conduct, learned Appellate Authority held that petitioner is
not entitled to remain in possession of the demised shop and ordered his
eviction.
4. The rent agreement provides for use and occupation of the
demised shop by the petitioner-tenant on payment of monthly rent as agreed
between the parties (landlord-tenant). In the present case, mesne profits were
assessed but were not paid. Learned Appellate Authority also observed the
same in para No.16 of the judgment dated 09.05.2023. The Co-ordinate Bench
of this Court in case CR-579-2022 titled as 'Kamaldeep Singh vs Devinder
Kumar and others' decided on 22.02.2022 also observed that where tenant
fails to pay the provisional rent, eviction was only of consequence.
5. Today also learned counsel for the petitioner-tenant has stated
that tenant has not paid mesne profits as determined. On the other hand,
CR-4908-2023 (O&M) 2024:PHHC:034852 3
learned counsel for the respondent-landlord submits that warrant of possession
has been issued by the learned Executing Court regarding the demised shop
vide order dated 23.02.2024 and places the photocopy of the order, which is
taken on record subject to just exception.
6. Having gone through the judgments of the Courts below, this
Court finds that there has been no misreading or misinterpretation of the
evidence led on record, on the issues dealt with by the Courts below, and as a
matter of fact arrived at a consistent findings that the tenant has ceased to
occupy the premises for continuous period of four months, without reasonable
cause. The findings require no interference. Learned Appellate Authority also
observed that tenant did not pay the mesne profits.
7. In view of the aforementioned discussion and keeping in view the
settled law, petitioner-tenant cannot be heard on merits without payment of
mesne profits. Consequently, instant revision petition is hereby dismissed
being devoid of merit.
8. Pending miscellaneous applications, if any, stand disposed of
accordingly.
(RITU TAGORE)
JUDGE
March 11, 2024
Manpreet
Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
