The central legal point established in the judgment is the determination of mesne profits in a landlord-tenant dispute based on recent registered lease deeds, judicial determinations, and considerations such as age of building, construction, accessibility, parking space, and market conditions.

JUDGMENT

Harkesh Manuja, J. - CM-2508-CII-2018

1. Application for exemption from filing certified copies of annexures AX1 to AX8 and placing on record typed copies of Annexures AX-1, AX5 & AX6 as well as photocopies of annexures AX-2 to AX-4 is allowed as prayed for subject to all just exceptions.

CM-2509-CII-2018

2. This is an application seeking permission to lead additional evidence in the shape of lease deeds and orders passed by this Court as well as Hon'ble Supreme Court.

3. The documents sought to be brought on record are registered lease deeds as well as the orders passed by the this Court and Hon'ble Supreme Court and as such the authenticity thereof cannot be doubted upon. The documents are even relevant for the purpose of determination of the matter in issue and would even help this Court to adjudicate upon the same in more effective manner.

4. In view of the above, the application is allowed. Documents appended thereto are taken on record.

5. Registry to tag the same at appropriate place.

MAIN CASE:

6. This order of mine shall dispose of the two revision petitions i.e. CR-6461-2014 filed at the instance of petitioner/ tenant and CR-6502-2014 filed at the instance of respondents/ landlords.

7. For convenience, the facts are taken from CR-6461-2014.

8. By way of present revision petition, challenge has been made to order dated 0.09.2014 passed by the Appellate Authority , Chandigarh, directing the petitioner/ tenant (hereinafter referred to as 'the petitioner') to pay mesne profits @ Rs.1.15 lacs from the date of eviction order dated 06.05.2014 passed by the learned Rent Controller.

9. The facts of the case in hand are that an eviction petition came to be filed at the instance of respondents/ landlords (hereinafter referred to as 'the respondents) against petitioner regarding tenanted premises comprising of half portion (area measuring 1050 sq. ft.) on the ground floor of SCO 835, NAC, Chandigarh-Kalka Road, Mani Majra, UT Chandigarh. As per the eviction petition, the rate of rent was Rs.10325/- per month excluding water and electricity charges. Eviction was sought on the ground of personal bonafide need of the respondents.

10. The Rent Controller vide its order dated 06.05.2014 ordered eviction of petitioner, who challenged the same by way of filing an appeal before the learned Appellate Court, Chandigarh. In the said appeal, respondents moved an application dated 12.08.2014 for awarding mesne profits. The petitioner filed objections dated 25.08.2014 to the said application. Both the parties produced on record material in the shape of lease deeds in support of their respective stands. The Appellate Authority vide its impugned order dated 01.09.2014 directed the petitioner to deposit mesne profits @ Rs.1,15,000/- per month from the date of passing of the eviction order dated 06.05.2014. The aforesaid order dated 01.09.2014 passed by the Appellate Authority which has now been impugned by way of two separate revision petitions i.e. CR-6461-2014 at the instance of petitioner praying for reduction of mesne profits and CR-6502-2014 at the instance of respondents seeking enhancement thereof.

11. Notice of motion was issued in both the Civil revisions. Thereafter, vide order dated 07.10.2014, this Court ordered payment of 60% of the mesne profits i.e. Rs.69,000/- per month, as an interim measure till the final adjudication of the matter.

12. Learned counsel for the petitioner submits that the respondents were having good financial status and have been at a better position as compared to petitioner who is fetching normal income from his business and the mesne profits fixed by learned first Appellate Court has been extremely on higher side. Learned counsel also submits that in case any enhancement was to be made, the same was required to be on the basis of fair rent and not on the basis of current prevailing market rent and the same, if any, has to be reasonable. Learned counsel also submits that there has been reduction of rent in the year