Sandeep Singh Sekhon And Ors vs Harbans Singh
2024 Latest Caselaw 19464 P&H

Punjab-Haryana High Court

Sandeep Singh Sekhon And Ors vs Harbans Singh on 5 November, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                Neutral Citation No:=2024:PHHC:143919




IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


135                                            CR-6410-2024 (O&M)
                                               Date of Decision : 05.11.2024



Sandeep Singh Sekhon and Others                                 ....Petitioners

                                    VERSUS

Harbans Singh                                                 ....Respondents


CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


Present :    Mr. Naveen Bawa, Advocate for the petitioners.

             Mr. Vaibhav Narang, Advocate for the respondent-caveator.


ALKA SARIN, J. (Oral)

1. After arguing for some time, learned counsel for the petitioners

states that the petitioners are willing to deposit the mesne profits @

Rs.1,00,000/- per month. However, they may be given a month's time to

deposit the same. It is further the contention that the petitioner be permitted

deposited the mesne profits rather than the same being paid to the

respondent-landlord.

2. Learned counsel for the respondent-caveator has relied upon a

judgment of the Hon'ble Supreme Court in case of M/s Martin & Harris

Private Limited and Anr. vs. Rajendra Mehta and Ors. [2022(2) RCR

(Rent) 109] to contend that the respondent-landlord would have no

objection if the arrears of mesne profits are deposited within a period of one

month. He, however, relying upon the aforesaid judgment prays that the

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Neutral Citation No:=2024:PHHC:143919

amount be released to the respondent-landlord against surety as this is the

only source of income of the respondent-landlord, who is 86 years of age.

3. Heard.

4. In the present case learned counsel for the parties are ad idem as

far as the assessment of the mesne profits is concerned. The same is

therefore upheld. The petitioners shall deposit an amount of Rs.1,00,000/-

per month towards mesne profits starting from 01.11.2024. The arrears of

mesne profits upto 31.10.2024 shall be deposited @ Rs.1,00,000/- per month

from the date of eviction upto 31.10.2024 within a period of one month from

the date of the present order. 50% of the amount of the future mesne profits,

and the arrears so deposited towards mesne profits, be released in favour of

the respondent-landlord against surety and the remaining amount shall be

deposited in an FDR in a nationalized bank.

5. Meanwhile, the Appellate Authority is requested to expedite the

hearing of the appeal.

6. The present revision petition is disposed off in the above terms.

Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 05.11.2024 JUDGE jk

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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