Ms. Jaishree Thakur, J. - 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/- 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 Section 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/- 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/- 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