MUKESH CHAND Vs. GURCHARAN SINGH

JUDGEMENT

(1.) Petitioner is aggrieved of order dtd. 15/11/2018, whereby mesne profits at the rate of Rs.6500.00 per month have been assessed by the learned Appellate Authority Sangrur.

(2.) Respondent-landlord preferred a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act seeking ejectment of the petitioner from the demised premises, which was allowed by the learned Rent Controller on 2/11/2017. Appeal was filed by the present petitioner. Application for fixing of mesne profits was earlier decided on 11/5/2018, whereby mesne profits to the tune of Rs.6500.00 was ordered by the learned Appellate Authority, Sangrur. Said order was challenged by the petitioner in CR No. 4304 of 2018 while submitting that no opportunity was afforded to the petitioner/tenant to present any document in his favour to reflect the market rent in the area. The said revision petition was disposed of on 8/10/2018 (Annexure P-4) by this Court while directing the learned Appellate Authority, Sangrur to afford one effective opportunity to the petitioner as well as the respondent in this respect and thereafter assess the mesne profits afresh in accordance with law.

(3.) Due opportunity was afforded in terms of order dtd. 8/10/2018 in CR No. 4304 of 2018. Learned Appellate Authority, Sangrur, vide impugned order dtd. 15/11/2018 while taking note of the facts and circumstances of the case has assessed mesne profits at the rate of Rs.6500.00 per month. Rs.1000.00 has been directed to be paid to the landlord and Rs.5500.00 to be deposited with the Rent Controller, Sangrur on a monthly basis during the pendency of the appeal, to be finally credited to the party succeeding in the appeal. It is clearly mentioned in the impugned order that the demised premises are in the main commercial area of Sangrur i.e., opposite the HDFC Bank, Dhuri Gate, Sangrur. It is further noticed that mesne profits could not be assessed on the basis of the lease agreement dtd. 30/8/2017 (Mark A) relied upon by the landlord wherein rent of the premises therein is Rs.20,000.00 per month. The present shop is mentioned to be 119.5 square feet. At the same time, learned Appellate Authority, Sangrur has rightly held that rate of rent cannot be assessed as Rs.1200.00 per month in terms of the testimony of RW-1 - Bir Sukhpal Singh, Clerk SDM Office, Sangrur, as the rent mentioned by RW-1 is in respect to 16 shops in Gurunanak Sarai Managing Committee, Sangrur which were rented out initially in the year 1971 for a sum of Rs.60.00 per month. The said 16 shops were near the Barnala Chowk (Mahavir Chowk).