GURDEEP SINGH Vs. MADAN MOHAN SINGH

JUDGEMENT

(1.) This revision is directed against order dated 08.11.2011 by which the learned Appellate Authority has fixed the mesne profit @ Rs. 15,000/- per month.

(2.) Learned counsel for the petitioner has submitted that the petitioner was inducted as a tenant at the monthly rent of Rs. 2,600/- w.e.f. 08.01.1989 in booth No.329, Sector 35-D, Chandigarh. The landlord had filed the petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] for eviction on the ground of arrears of rent w.e.f. 01.10.1989 onwards @ Rs. 6,000/- per month in which the tenant had suffered a statement on 31.07.2001, which reads as under:

(3.) On the basis of the aforesaid statement, the landlord withdrew the eviction petition but the petitioner-tenant filed an appeal against the order dated 31.07.2001 by which the landlord had withdrawn the rent petition but the appeal was dismissed by the learned Appellate Authority, Chandigarh on 01.11.2006. The petitioner filed CR-789-2007 which was disposed of by this Court with liberty to the petitioner to file a review application before the learned Rent Controller. The landlord then filed a petition for eviction of the tenant from the demised premises on the ground of non-payment of rent w.e.f. 01.08.2001 @ Rs. 4,500/- per month in which the provisional rent was assessed on 05.09.2008 but was not paid and hence, vide order dated 21.03.2011, the learned Rent Controller passed the order of eviction. The petitioner filed the appeal against the order of eviction. During the pendency of appeal, the landlord filed an application for grant of mesne profit to the tune of Rs. 30,000/- per month.