BALJIT KAUR Vs. DALJIT SINGH AND ANOTHER

JUDGEMENT

(1.) Civil Misc. No. 996-CII of 2017

(2.) Counsel for the petitioner has submitted that the rent prevailing in the area was Rs. 16,750.00 per month and even more and has placed reliance upon the rent agreement (Annexure P/2) to submit that the mesne profits had been fixed on the lower side.

(3.) A perusal of the impugned order would go on to show that the petitioner/landlady had herself placed on record rent note of Rs. 16,750.00 per month. It is accordingly pointed out that as per Annexure P/2, the rent note was of Rs. 32,500.00 per month and has been misread by the Appellate Authority. It is not disputed that the said agreement is not registered and therefore, the same cannot be relied upon keeping in view the law laid down by this Court in Surender Kumar Vs. Rattan Lal 2006(2) PLR 200. The case of the landlady was that agreed rent was at the rate of Rs. 2600.00 per month and eviction was ordered on the ground of bona fide personal necessity. The mesne profits have been accordingly fixed at twice the rate of rent.