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HARKESH MANUJA
Jatinder Singh – Appellant
Versus
S. Prabhpreet Singh – Respondent
JUDGMENT :
(Harkesh Manuja, J.)
This order of mine shall dispose the above-mentioned two revision petitions, wherein similar facts and controversy are involved.
2. By the way of CR No.3348 of 2024, challenge has been laid to an order dated 18.05.2024 passed by the Appellate Authority, Amritsar, whereby mesne profits @ Rs. 25,000/- per months have been assessed upon an application moved at the instance of respondent/landlord. Whereas, in CR No. 4158 of 2024 filed under Article 227 of the Constitution of India read with Section 15(5) of the East Punjab Urban Rent Restriction Act (hereinafter to be referred as ‘the Act’), at the instance of the respondent/landlord prayer has been made for modification of the aforesaid order dated 18.05.2024 seeking for the enhancement of mesne profits.
3. Briefly stating, an eviction petition came to be filed at instance of respondent/landlord in relation to the demised shop measuring 50 sq. yards (528 sq. feet) forming part of property No. 1618/XII-11, Old No.2232/11 situated in Katra Sher Singh, Amritsar. The eviction was sought on the grounds of arrears of rent as well as personal necessity. The Rent Controller, Amritsar vide order dated 03.07.2023 p
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
Court may reassess mesne profits based on market evidence and principles to avoid punitive outcomes.
Mesne profits must reflect current market value and potential of the property, considering comparable lease agreements and inflationary trends.
The court determined that mesne profits should reflect the market rate while balancing the landlord's interests against the tenant's ability to pay, setting the amount at Rs. 13,000/- per month.
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
(1) Once a decree for possession has been passed and execution is delayed depriving decree holder to reap fruits, it is necessary for Appellate Court to pass appropriate orders fixing reasonable mesn....
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