SUNIL KUMAR Vs. LAL CHAND

JUDGEMENT

(1.) This is tenant's revision petition challenging the impugned order dated 10.1.2011 whereby the Appellate Authority, Hisar has assessed the mesne profits for the use and occupation of the demised premises from the date of eviction order i.e. 27.10.2005 till the decision of the appeal pending before it.

(2.) Briefly stated, the Rent Controller, Hisar vide order dated 27.10.2005 directed the petitioner-tenant to deliver the vacant possession of the demised premises to the respondent-landlord. The petitioner filed an appeal before the Appellate Authority. The interim stay against the eviction order of the Rent Controller was granted by the Appellate Authority to the petitioner. The respondent moved an application on 19.2.2007 for vacation of the stay order and for issuance of a direction to a petitioner to pay the arrears of rent w.e.f 6.9.2003 till the date of eviction order i.e 27.10.2005 and also to pay the mesne profits for the use and occupation of the demised premises at the rate of Rs. 5000/- per month along with interest at the rate of 8% per annum from the date of eviction order till the decision of the appeal pending before the Appellate Authority.

(3.) The aforesaid application filed by the respondent-landlord was contested by the petitioner stating that the respondents were not entitled to mesne profits and even the fair rent as fixed by the Rent Controller at Rs. 558/- was on the higher side as the shop in dispute cannot fetch more than Rs. 500/- per month.