YOGPATHY Vs. FABMARK EXPORTS

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioners against the order dtd. 17/9/2020 passed by the Appellate Authority and order dtd. 21/10/2021 in review application No.3/2020 passed by the Appellate Authority, wherein application moved by the respondents has been disposed of and mesne profit has been assessed @ Rs.85,000.00 per month.

(2.) Learned counsel for the petitioners submits that the petitioners and respondent-Rajan Gupta were partners in M/s Yogpathy, which was a partnership firm. The property in question was purchased by pooling of the sale consideration by the partners for use of partnership concern. Rajan Gupta being the dominant partner, got the sale deed executed in his name by saying that the sale deed could not be executed in the name of firm. Respondents being landlord filed ejectment petition against the petitioners and ejectment order was passed against the petitioners on 30/11/2019. Petitioners have denied the relationship of landlord and tenant between the parties.

(3.) Petitioners filed an appeal before the Appellate Authority, wherein the respondents filed an application for mesne profit @ Rs.1,00,000.00 per month from 3/11/2019. Respondents have pleaded that the relationship of landlord and tenant is proved on record. As per rent agreement executed between the parties, rate of rent was Rs.50,000.00 per month. The property is a palatial house, which is being used for commercial purposes. As per condition of the rent note, the rent was to be increased every year by 10%. The tenancy started w.e.f. 1/3/2013 vide rent note dtd. 7/3/2013.