PUNJAB NATIONAL BANK Vs. YASHPAL AND ORS.

JUDGEMENT

(1.) THE brief admitted facts pertaining to the background of this revision are that respondents herein filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short - 'the Act') for ejectment of the tenant (petitioner herein) from the demised premises. This petition was accepted by the learned Rent Controller, Zira vide order dated 21.9.2010 (Annexure P -1) and the respondent -tenant was directed to hand over the vacant possession of the demised premises to the respondents herein within a period of three months. The petitioner -tenant filed an appeal before the learned Appellate Authority, Ferozepur which was dismissed and disposed of vide judgment dated 26.10.2012 (Annexure P -4).

(2.) DURING the pendency of this appeal before the Appellate Authority, Ferozepur, the respondents -herein filed an application (Annexure P -2) before that Authority for issuing direction to the appellant -tenant to pay the mesne profits for the use and occupation of the property in dispute till the actual delivery of its possession to them. Reply to this application was also filed.

(3.) THE petitioner -tenant feeling aggrieved from the judgments of both the Courts below has filed the the instant revision petition. As above -said now the lis between the parties in the instant petition is with regard to the amount of mesne profits in respect of above described period i.e. 21.9.2010 to 8.10.2012 and not more than that since the petitioner -tenant had already vacated the demised premises during the pendency of the appeal before the learned Appellate Authority, Ferozepur.