SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(P&H) 467

ARUN MONGA
Nirmal Kumar – Appellant
Versus
Narinder Mohan Mittal – Respondent


Advocates Appeared:
Mr. Gaurav Chopra, Senior Advocate With; Mr. Divanshu Jain, Advocate, ; for the Petitioners-Landlords In Cr-3463-2021.; Mr. Puneet Bali, Senior Advocate With; Mr. Sanjeev Ghai, Advocate, Mr. Sachin Jain, Advocate; And Mr. Satyam Aneja, Advocate; for the Petitioners-Tenants In Cr-628-2022 And; for the Respondents-Tenant In Cr-3463-2021.

JUDGMENT

Arun Monga, J. (Oral) - Both the aforementioned two revisions petitions are being disposed of vide this common order as they arise out of the same impugned order.

2. Vide impugned interlocutory order dated 13.12.2021 (Annexure P-7), the learned Appellate Authority has assessed mesne profits qua the shop in question. The occupants, who though claim that they are not tenants, have been directed to pay mesne profits @ Rs.5 Lakh per month w.e.f. 29.10.2020 i.e. date of passing of eviction order.

3. On one hand occupant is aggrieved averring that the mesne profits are highly inflated, on the other the landlord grievance is that it is a very low rate as compared to the prevalent market rate of rent. Same is sought to be enhanced at least to the tune of minimum Rs.7,50,000/- per month, samebeing the alleged rental being currently received by the occupant-respondent himself of his own adjacent shop.

4. I have heard learned Senior counsel for the parties and perused the paper books.

5. Ordinarily, this Court would not have interfered in either of the petitions, since impugned order is merely interlocutory and subject to final outcome of the pending appeal. But for the the argument of Mr

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top