DAVINDER SINGH Vs. SANJIV KUMARI

JUDGEMENT

(1.) On petitioners - landladies Sanjiv Kumari and Sunita Kumari having brought a petition under Sec. 13 of the East Punjab Rent Restriction Act, 1949 against respondents/tenants Davinder Singh and Lakhwinder Singh seeking their ejectment from the demised shop situated at Main Bazar, Urmurh Tanda, Tehsil Dasuya, District Hoshiarpur, notice of that petition was given to the respondents, who put in appearance and contested the petition. Issues on merits were framed. The parties were afforded adequate opportunities to lead evidence in support of their respective claims.

(2.) After hearing arguments, learned Rent Controller, Dasuya vide order dtd. 11/4/2022 accepted the rent petition and directed the respondent/tenant to hand over the vacant possession of demised shop to petitioner within two months from the date of order, otherwise the petitioner could get the possession through intervention of the Court.

(3.) Respondent/tenant Davinder Singh preferred an appeal against the ejectment order passed by the Rent Controller, Dasuya. During the course of those proceedings, the landladies filed an application for payment of mesne profit at the rate of Rs.20,000.00 per month during the pendency of the appeal contending that the rate of rent for similar type of shops like that of the demised shop in the locality was Rs.20,000.00 per month, whereas the appellant/tenant had been paying rent at the rate of Rs.170.00 per month, therefore, he be asked to pay the mesne profits at the rate of Rs.20,000.00 per month.