LAWS(P&H)-2012-10-108

PUNJAB & SIND BANK Vs. SURINDER MOHAN MAHAJAN

Decided On October 11, 2012
Punjab And Sind Bank and Anr. Appellant
V/S
Surinder Mohan Mahajan Respondents

JUDGEMENT

(1.) Petitioners(tenants) are in revision under Article 227 of the Constitution against the order dated 13.08.2012(Annexure P-1) passed by learned Appellate Authority, Chandigarh whereby it has determined the mesne profits at the rate of Rs.3,21,871/- per month from 09.01.2012.

(2.) In brief, facts of the case are that the learned Rent Controller, Chandigarh had allowed the eviction petition of the respondents(landlords) vide its order dated 09.01.2012 and against the same, the present petitioners had preferred an appeal before the Appellate Authority, Chandigarh. During the pendency of the said appeal the respondents(landlords) had moved an application for assessment of mesne profits and on the other hand the petitioners(tenants) had moved an application for staying the operation of the order of eviction dated 09.01.2012. Vide the impugned order dated 13.08.2012, the learned Appellate Authority, Chandigarh had assessed the mesne profits at the rate of Rs.3,21,871/- per month after taking into consideration various lease deeds that were relied upon by the respondents (landlords) and conditional stay was granted. Aggrieved against the said order the present petition has been filed.

(3.) I have heard learned Counsel for the petitioners(tenants) and have perused the paper book carefully with his able assistance.