SURINDER SINGH Vs. DAVINDER MOHAN

JUDGEMENT

(1.) This petitioner was inducted as a tenant in S.C.F. No. 49 Section 23C Chandigarh by the respondent. It was an area measuring 373.75 sq. ft. on the ground floor. Initially tenancy started in the year 1967 on the monthly rent of Rs. 200/-. But there was then ejectment proceedings and in June 1986 there started a new tenancy between the parties on the monthly rent of Rs. 1500/-.

(2.) Later on the ejectment petition was filed by the respondent on 30.10.1996. It was dismissed by the learned Rent Controller vide order dated 8.1.2001. The respondent filed an appeal. The said appeal was accepted by the learned Appellate Authority Chandigarh vide judgment dated 16.5.2001 and the petitioner was directed to hand over the vacant possession within a period of two months. The petitioner filed the revision petition in which notice of motion was issued on 11.7.2001. Dispossession of the petitioner was stayed subject to payment of arrears of rent if any and continuation of payment of future rent on the agreed rate of rent. Later on this petition was admitted by this Court vide order dated 2.5.2002.

(3.) During the pendency of this revision petition the respondent filed the present application for fixing the mesne profits. This application was opposed by the petitioner and this Court had passed a detailed order on 1.2.2006 by which the Court had held that the landlords (respondent) would be entitled to claim damages/compensation or in the other words mesne profits for the use and occupation of the premises for the period of stay that has been granted by this Court. However the case was adjourned for hearing on the quantum of amount payable as mesne profits for use and occupation of demised premises. The were also free to place on file any document in support of their respective versions for assessing the same.