Punjab-Haryana High Court
Harbans Singh Sandhu vs Sandeep Singh Sekhon And Others on 11 November, 2024
Author: Alka Sarin
Bench: Alka Sarin
133
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-6480-2024 (O&M)
Date of Decision : 11.11.2024
Harbans Singh Sandhu ... Petitioner(s)
Versus
Sandeep Singh Sekhon & Ors ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Shivya Sehgal, Advocate for the petitioner.
ALKA SARIN, J. (Oral)
1. The present revision petition has been filed by the landlord-
petitioner for modification of the order dated 11.09.2024 passed by the
Appellate Authority, Ludhiana whereby the mesne profits @ Rs.1,00,000/-
per month have been assessed.
2. On 05.11.2024, in a revision petition being CR-6410-2024 filed
by the tenant-respondents herein, the following order was passed by this
Court :
"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.
integrity of this order/judgment.
CR-6480-2024 (O&M) -2-
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 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 idemas 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
fromthe 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."
3. Learned counsel for the petitioner states that in view of the
order dated 05.11.2024 passed in CR-6410-2024 filed by the tenant-
respondents herein, she does not wish to press the present petition.
integrity of this order/judgment.
CR-6480-2024 (O&M) -3-
4. In view of the above, the present revision petition is dismissed
as not pressed. Pending applications, if any, also stand disposed off.
11.11.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
