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HARKESH MANUJA
Sanjay Bansal – Appellant
Versus
Melody House – Respondent
JUDGMENT :
Mr. Harkesh Manuja, J.:-
CM-16813-CII-2024 in CR-4340 of 2024
This is an application filed under Section 151 CPC for preponing the date of hearing of the main case which is fixed for 16.10.2024, to some early date.
With the concurrence of learned counsel for the petitioner as well as learned Senior counsel for the respondent, the main case is preponed and taken up on board today itself.
The application stands disposed of.
MAIN CASE
1. Vide this common order, abovementioned two revision petitions are being disposed of as they involve common question of law and facts. For convenience, the facts are being drawn from CR-4340-2024.
2. By way of present revision petition filed on behalf of landlord-petitioner, challenge has been laid to an order dated 24.07.2024 passed by the Appellate Authority, Chandigarh whereby, mesne profits @ Rs.70,000/- has been assessed.
3. Briefly stating, the dispute in the present case stems from proceedings relating to eviction of respondents from an area measuring 435 square feet forming part of ground floor of SCO Nos.-92, 93 and 94, Sector 17-D, Chandigarh. The ejectment was sought at the instance of petitioner-landlord on the ground of bona fide necessi
Mesne profits must reflect current market value and potential of the property, considering comparable lease agreements and inflationary trends.
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
Court may reassess mesne profits based on market evidence and principles to avoid punitive outcomes.
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 main legal point established in the judgment is the summary determination of mesne profits based on recent registered lease deeds and judicial determinations, while ensuring a balance between the....
Mesne profits must be quantified based on credible evidence reflecting prevailing market rates, with the burden of proof resting on the claimant to substantiate the claims.
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