CHIRANJI LAL Vs. KUNWAR PRASAD

JUDGEMENT

(1.) This is a tenant's second appeal against the decree of the District Judge of Bulandshahr awarding the landlord mesne profits against the appellant at the rate of Rs. 60/- per mensem. The plaintiffs-respondents filed a suit for the ejectment of the appellant Chiranji Lal on two grounds--namely, that he had defaulted in payment of rent and illegally sub-let a portion of the accommodation without the consent of the landlord. The plaintiffs served on the appellant a notice terminating the tenancy in which- he was warned that if he did not vacate the accommodation within one month he would be liable to pay for the use and occupation at the rate of Rs. 60/- per mensem. He refused to vacate and contested the suit. All his pleas were rejected and the decree for ejectment and arrears of rent as well as mesne profits passed against him. He has now come to his Court in Second Appeal.

(2.) Learned counsel for the appellant stated that the decree for ejectment and arrears of rent was not challenged, but the appellant objected to the rate of mesne profits which had been fixed at Rs. 60/- per mensem. Learned counsel pointed out that the controlled rent of the accommodation was Rs. 22/5/- inclusive of taxes and the landlord was not entitled to mesne profits at a rate higher than that which he would have obtained from another tenant.

(3.) I do not agree. When a tenant refused to vacate the accommodation after his tenancy is terminated, he becomes trespasser and liable to pay the landlord mesne profits. These are to be assessed according to the reasonable market value of the premises. If the rent represents a fair value, mesne profits may be assessed at the amount of the rent, but if the real value is higher than the rent, mesne profits must be assessed at a higher value. I cannot accept learned counsel's argument that this value should be equal to the controlled rent and no more. The U. P. Control of Rent and Eviction Act was passed for the benefit of tenants and not trespassers. After a tenant has lost his status and become a trespasser, he becomes liable to pay mesne profits at the fair market value of the premises as if the Control of Rent and Eviction Act had not been passed. The rent fixed or controlled by that Act is for the benefit of the tenants, but does not represent the real value of the accommodation and cannot be considered while assessing the rental value of the property for the purpose of assessing the rate of mesne profits which a trespasser has to pay.