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DIPANKAR DATTA, SANDEEP MEHTA
Kawaljit Singh – Appellant
Versus
Davinder Singh Dhaliwal – Respondent
ORDER :
1. Leave granted.
2. The tenant (Kawaljit Singh) suffered an order of eviction1[dated 28th July, 2015], passed by the Rent Controller. The order of eviction was carried in appeal by him before the Appellate Authority. The landlord (Davinder Singh Dhaliwal and others) applied in August, 2015 for calculation of mesne profits and prayed that the tenant be directed to pay mesne profits from the date of the order of eviction. The application was allowed2[by an order dated 30th October, 2017]. The tenant was directed to pay mesne profits @ Rs.90,000/-per month from the date of the order of eviction till actual eviction. The order of the Appellate Authority was challenged before the High Court of Punjab and Haryana at Chandigarh in two revision petitions, both by the landlord as well as by the tenant.
3. The High Court by the common impugned judgment and order dated 6th September, 2019, disposed of both the revision petitions. Though the High Court arrived at the conclusion that mesne profits on the basis of the deeds brought on record by the landlord and the tenant work out to Rs. 95,231.25 paise, yet, keeping in mind marginal variations, interference with the rate of mesne profits
The court has the authority to modify mesne profits and clarify payment terms in eviction cases.
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
Court may reassess mesne profits based on market evidence and principles to avoid punitive outcomes.
The issue of title cannot be adjudicated upon in the eviction proceedings and does not bar the award of mesne profits once an eviction order has been passed.
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
The court has the authority to modify interlocutory orders to prevent undue hardship to the parties involved.
The court established that tenants must compensate landlords with mesne profits during the appeal process, reflecting current market rates, not just contractual rent.
The main legal point established in the judgment is the summary determination of mesne profits based on recent registered lease deeds and judicial determinations, while ensuring a balance between the....
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