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2023 Supreme(P&H) 998

ARCHANA PURI
Hans Raj @ Hans Raj Aggarwal – Appellant
Versus
Aruna Bansal @ Aruna Mahajan – Respondent


Advocates appeared:
Mr. Akshay Bhan, Senior Advocate with Mr.Sushant Kareer, Advocate for the petitioner (in CR-3168-2018) and for respondent No.1 (in CR-3426-2018).
Mr.K.R.Dhawan, Advocate for the petitioner (in CR-3426-2018).
Mr.A.K.Chopra, Senior Advocate with Mr.Vidul Kapoor, Ms.Gurpreet Kaur Bhatti and Mr.Aditya Anand, Advocates for respondent No.1 (in CR-3168-2018).

ARCHANA PURI, J.

1. These are two revision petitions filed by the landlady and tenant against the order dated 13.04.2018 passed by learned Appellate Authority, while assessing the 'mesne profits' for the entire basement and the ground-floor of the demised premises i.e. SCO No.167, Sector-37C, Chandigarh @ Rs.85,000/- per month.

2. For the convenience of discussion, the parties are referred to landlady and tenant.

3. During the pendency of the appeal filed by the tenant to challenge the eviction order passed against him, the landlady had filed an application for issuance of direction before learned Appellate Authority to order payment of mesne profits, at the market rate, during the pendency of the appeal. There is specific averment of the landlady that the present market rate of rent of ground-floor is Rs.1,57,500/- per month, as per registered lease deed dated 06.10.2016 of the adjoining SCO No.164, Sector-37C, Chandigarh, which is Annexure A-1 and rent of basement is Rs.48,400/- per month, as per the registered lease deed dated 16.03.2016, attached as Annexure A-2.

4. The application was contested by the tenant, while submitting that he is a statutory tenant and he cannot be penalize

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