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NIDHI GUPTA
Rajinder Kumar – Appellant
Versus
Amarjit Singh – Respondent
JUDGMENT
Nidhi Gupta, J. - By way of this revision petition modification of impugned order dated 18.10.2022 (Annexure P-3) passed by the Additional District Judge-cum-Appellate Authority, Amritsar has been sought on the ground that the mesne profits fixed is on a very higher side.
2. Brief facts of the case are that in the year 2004 the petitioner was inducted as a tenant in the shop bearing No.34, situated on the ground floor of Bharat Hotel, Building No.11, Railway Link Road, Amritsar (hereinafter referred to as the 'demised premises') on a monthly rent of Rs.1200/-. It is stated to be an oral tenancy, accompanied by delivery of possession. Rent note dated 7 February 2004 was executed by the petitioner-tenant in favour of the respondentlandlord. Subsequently, from 8.8.2013, the rent is stated to have been increased to Rs.4500/- per month. The respondent/landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and had sought eviction of the petitioner/tenant inter alia on the ground that the demised premises was required by the respondent/landlord for his personal bona fide use and occupation. The Rent Controller vide order dated 31.3.2022 allow
The main legal point established in the judgment is the application of mesne profits under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and the consideration of previous legal princ....
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
The assessment of mesne profits should be reasonable, considering the nature of the property, the extent of exclusive and common areas in possession of the tenant, and the meager rent of the tenancy.
The tenant, after being ordered to vacate the premises, is liable to pay mesne profits at a reasonable rate, and unauthorized occupation can lead to a decree for damages or mesne profit.
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