YOGESH GOYAL Vs. YASH PAL BANSAL AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of CR No.7083 of 2011 and 1795 of 2012 as both these revision petitions arise out of determination of mesne profits @ Rs.25,000/- per month by the learned Appellate Authority,Chandigarh in respect of half portion of SCO No.839,Chandigarh Kalka Road, Manimajra, UT Chandigarh (for short the tenanted premises) vide impugned order dated 6.4.2011, which is subject matter of both the revision petition. While CR No.7083/2011 has been filed by the tenant describing the determined mesne profits to be on the higher side, CR No.1795/2012 has been filed by the landlord describing the determined mesne profits to be on the lower side.

(2.) Facts, which have been culled out of CR No.1795/2012 reveal that the tenanted premises was let out by Smt.Saraswati Goyal, w.e.f. 1.5.1993 to the tenants vide rent agreement dated 1.5.1993. After the death of Smt.Saraswati Goyal, her husband and son namely ML Goel and Yogesh Goyal respectively(petitioner/landlords herein) became owners of the demised premises. In the year 2007 landlord petitioner-Yogesh Goyal filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act,1949 on the ground of personal necessity. Respondents/tenants contested the said ejectment petition. Vide order dated 8.1.2011, the learned Rent Controller, Chandigarh allowed the said ejectment petition and the respondents/tenants were granted a period of three months to vacate the tenanted premises. Aggrieved against the same, respondents/tenants filed an appeal before the learned Appellate Authority,Chandigarh. Alongwith the appeal, respondents/tenants also filed an application for staying the operation of the ejectment order dated 8.1.2011. Petitioners/landlords filed reply to the said application wherein they claimed mesne profits @ Rs.40,000/- per month. It may be noticed here that in support of said claim, petitioners/landlords did not file any lease deed/rent agreement etc. The learned Appellate Authority, Chandigarh, after hearing both sides vide impugned order dated 6.4.2011 while staying the dispossession of the respondents/tenants directed them to pay mesne profits @ Rs.25,000/- per month. Hence the present revision petitions have been filed by the petitioner/landlords and respondents/tenants.

(3.) At the time of hearing, it is not disputed by the learned counsel for the parties that the learned Appellate Authority has fixed the mesne profits solely on the basis of nature of the demised premises and its location and there was no material before it for arriving at the determined rate of mesne profits. In these circumstances, learned counsel for the parties are agreed that they have no objection if the matter is remanded back to the learned Appellate Authority,Chandigarh for deciding the mesne profits afresh.