GEMINI DISTRIBUTORS Vs. BALWINDER KUMAR GARG

JUDGEMENT

(1.) This petition has been filed challenging order dated 14.9.2012 (Annexure P-1), whereby, mesne profits were assessed by the Appellate Authority. Learned counsel for the petitioners has submitted that the Appellate Authority had erred in basing reliance on lease deed dated 3.6.2011 as the said premises had already been vacated by the tenant.

(2.) Learned counsel for the respondents, on the other hand, has opposed the petition and has submitted that the mesne profits assessed by the Appellate Authority were liable to be upheld.

(3.) In the present case, respondents had sought ejectment of the petitioners on the ground of non payment of rent and personal necessity. The Rent Controller, vide order dated 10.10.2011, ordered the ejectment of the petitioners on the ground of personal necessity as well as non payment of arrears of rent. The said order has been challenged by the petitioners by way of appeal. During the pendency of the appeal, respondents moved an application for assessment of mesne profits.