JAI PARKASH Vs. ASHOK KUMAR SAWHNEY

JUDGEMENT

(1.) The short question involved in these proceedings is, whether the District judge has erred in assessing mesne profit at the rate of Rs.12,000.00 per month for the demised premises and whether the same is excessive?

(2.) In brief, the respondent Landlord (henceforth called 'the respondent' for short) being the owner of the demised premises, filed an eviction petition under Sec. 13 of the East Punjab Urban Rent Restriction Act seeking eviction of the petitioner-tenant (henceforth called 'the petitioner' for short) from tenanted premises, that is entire 1st floor of House No. 3158, 1st Floor, Sector 37-D, Chandigarh. It was contended that the petitioner herein took the premises on rent @ Rs.3500.00 per month in the month of March 2005, and the rent was increased from time to time. As per mutual consent, at the present moment the rate of rent of the tenanted premises is Rs.7,000.00 per month. The eviction of the tenant was sought on ground of personal necessity as the respondent was detected with brain cancer and the necessity was felt to have his married son shift his residence from Panchkula to Chandigarh. The respondent expired during the pendency of proceedings. His legal representatives, namely, his wife and 2 sons were brought on the record before the Rent Controller. The Rent Controller allowed the eviction petition and directed the petitioner herein to hand over vacant possession of the demised premises that is entire 1st floor of House No. 3158, Sector 37-D, Chandigarh, within a period of 2 months. Aggrieved against the said order the petitioner herein, filed an appeal before the Appellate Authority which is pending consideration. During the pendency of the said appeal, an application was filed for assessment of mesne profit by the respondents herein claiming that the market rate of the tenanted premises would be prevailing from Rs.24000.00 to Rs.25,000.00 per month of similar type of accommodation and relied upon a registered lease deed dtd. 11/4/2017 of 1st floor of House No. 2515, Sector 37-C, Chandigarh, having the same area. The said application was contested on the ground that the rate of rent was not more that Rs.2,000.00 for the tenanted premises in the same locality. Reliance was placed upon a registered lease deed showing the rate of rent at Rs.2,000.00 per month for similar premises. The Appellate Authority, while considering all aspects, assessed the mesne profit at Rs.12,000.00 per month. Aggrieved the instant revision petition has been preferred.

(3.) Mr. Mukesh Rao, learned counsel appearing on behalf of the Tenant Petitioner urges that the mesne profit is highly excessive, while arguing that the Appellate Authority has ignored the registered sale deed dtd. 12/1/2007 which was on the record showing the rate of rent for similar premises, in the same locality at Rs.2,000.00 per month. It is also argued that since the year 2011 the petitioner has been paying Rs.7,000.00 per month as rent, which was increased from Rs.5,000.00 with the promise that the same would not be increased for the next ten years.