RAJINDER KUMAR Vs. AMARJIT SINGH

JUDGEMENT

(1.) By way of this revision petition modification of impugned order dtd. 18/10/2022 (Annexure P-3) passed by the Additional District Judge-cum-Appellate Authority, Amritsar has been sought on the ground that the mesne profits fixed is on a very higher side.

(2.) Brief facts of the case are that in the year 2004 the petitioner was inducted as a tenant in the shop bearing No.34, situated on the ground floor of Bharat Hotel, Building No.11, Railway Link Road, Amritsar (hereinafter referred to as the 'demised premises') on a monthly rent of Rs.1200.00. It is stated to be an oral tenancy, accompanied by delivery of possession. Rent note dtd. 7/2/2004 was executed by the petitioner-tenant in favour of the respondentlandlord. Subsequently, from 8/8/2013, the rent is stated to have been increased to Rs.4500.00 per month. The respondent/landlord filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 and had sought eviction of the petitioner/tenant inter alia on the ground that the demised premises was required by the respondent/landlord for his personal bona fide use and occupation. The Rent Controller vide order dtd. 31/3/2022 allowed this petition under Sec. 13 filed by the respondent/landlord and had ordered eviction of the petitioner/tenant from the demised premises. The petitioner/tenant approached the Additional District Judge-cum-Appellate Authority in appeal, which is pending.

(3.) In the meantime, the respondent/landlord filed an application before the Appellate Authority praying that he be granted mesne profits during the pendency of the appeal. It was contended on behalf of the respondent/landlord before the learned Appellate Authority that accommodation similar to the demised premises fetched rent to the tune of Rs.50,000.00 per month and as such the respondent/landlord is entitled to get mesne profits from the petitioner/tenant @ Rs.50,000.00 per month from the date of ejectment i.e., 31/3/2022. In support, the respondent/ landlord presented the lease deed of a property situated in the area which was fetching rent of Rs.39,000.00 per month; as also a copy of order dtd. 18/8/2018 passed by the former Appellate Authority, Amritsar in which the said Court had directed to pay Rs.1.00 lac per month as rent of the disputed property.