SUMAN Vs. MANOJ KUMAR

JUDGEMENT

(1.) Challenge in the present petition is to the order dtd.30/4/2024 (Annexure P1) passed by the learned Additional District Judge, Bathinda, whereby the application filed by the respondent/landlord for assessment of mesne profit, has been allowed; and the petitioner has been directed to pay mesne profit at the rate of Rs.20,000.00 per month.

(2.) Learned counsel for the petitioner inter alia submits that the petitioner is a poor person and does not have the capacity to pay the excessive mesne profits as directed vide the impugned order. It is pointed out that the demised premises is very small in size, situate only on the ground floor portion which is part of 50 years old building which is situated at narrow railway road. The Shop in question is part of a bigger building belonging to the respondent/landlord which comprises of about 3 floors out of which rear portion of ground floor, entire first floor, entire second floor are in possession of the landlord himself, who is conducting / running their own business of Hotels namely Manoj Hotel, Hotel Bansi Dhar, Hotel Paras etc. The demised premises in question has its small entrance towards railway road with narrow rear portion. The shop in question on a narrow- congested railway road. It is contended that thus, the said amount of Rs.20,000.00 per month is excessive, inflated and exorbitant. It is reiterated that the demised premises is only a small ground floor shop in which the petitioner is running a small business.

(3.) It is also contended that the rent of the shops situated in the same street/locality is in the range of Rs.4.005 thousand per month. The petitioner had even produced rent receipts issued by the Municipal Corporation of similar shops with 10 feet verandah. However, the said evidence has been overlooked by the learned Additional District Judge while passing the impugned order. Thus, the assessed mesne profit is much more than the ongoing market value/prevailing rent of adjoining shops of similar size, age of building, situation of premises. It is accordingly prayed that the present petition be allowed and the mesne profits assessed vide the impugned order dtd. 30/4/2024 (Annexure P1) by the learned Appellate Authority, Bathinda be modified and reduced.