ISH KUMAR BATRA Vs. TILAK RAJ

JUDGEMENT

(1.) ON a petition filed by Tilak Raj, landlord of the demised premises, tenant Ish Kumar Batra is ordered to be evicted from the part of building bearing Number 239, Block No. XIV situated at Hisar. He has accordingly filed an appeal against his ejectment before Additional District Judge, Hisar alongwith the stay application for staying his eviction from the demised property during the pendency of appeal, which is pending. Landlord Tilak Raj, while contesting the application for stay, alternatively prayed that tenant be asked to pay mesne profits for use and occupation of the tenanted premises during the pendency of appeal. After hearing the counsel, the Appellate Court assessed the monthly rate of rent of the demised premises as Rs. 2,000/ - per month. While so holding, the Court has referred to instances of rent produced before it in regard to certain shops in the area. The eviction of the petitioner was accordingly stayed subject to payment of rent @ Rs. 2,000/ - per month from the date of order of ejectment passed by Rent Controller, Hisar, i.e. 28.11.2007.

(2.) THE learned Counsel appearing for the petitioner submits that there is no provision under the Haryana Urban (Control of Rent & Eviction) Act, (for short, "the Act") for assessing the fair rent and as such, the order can not be sustained. In Atma Ram Properties (P.) Ltd. v. Federal Motors Pvt. Ltd. 2005(1) RCR 1, it is urged that the tenant is liable to pay mesne profits from the date the decree of eviction is effective. Hon'ble Supreme Court in the case of Atma Ram (supra) has clearly observed that on an order of eviction having been made, tenancy comes to an end. The tenant then becomes an unauthorized occupant from the date of such eviction.