SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(P&H) 753

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Sudeepti Sharma, J.
Honey Sudhir And Another – Appellant 
Versus 
Ashwani Bansal And Another – Respondent
CR No. 4935-2025, CR No. 4946-2025, CR No. 4948-2025, CR No. 4949-2025, CR No. 4950-2025 and CR No. 4951-2025
Decided on : 16-09-2025

Advocate Appeared:
For the Appellant :Mr. M.L. Saggar, Sr. Advocate assisted by Ms. Armaan Saggar, Mr. Rehaan Singh & Mr. Omesh Garg Advcoates
For the Respondent:Mr. Gaurav Chopra, Sr. Advocate assisted by Mr. Divanshu Jain, Mr. Ankur Bansal and Mr. Minkal Rawal, Advocates

JUDGMENT :

Sudeepti Sharma, J. (Oral)

Since the challenge in all the above referred to six civil revision petitions is same, therefore, the above referred to six civil revision petitions are decided, vide this common order. The petitioners are asking for setting aside of order dated 23.05.2025 passed by learned Appellate Rent Authority, Jalandhar, whereby application for assessment of mesne profits was decided and mesne profits was assessed to be Rs.12,000/- per month and the respondent (s) were directed to pay mesne profit @ Rs.12,000/- per month from the date of passing of the order of eviction along with all arrears of rent @ Rs.800/- per month to the petitioner (s) before the Executing court within a period of 45 days from the date of passing of order dated 23.05.2025 on the ground that they are on the lower side.

2. Learned senior counsel for the petitioner (s) contends that the mesne profits assessed by learned Appellate Rent Authority, Jalandhar, vide its impugned order dated 23.05.2025 is on the lower side and learned Appellate Rent Authority, Jalandhar did not take into consideration unregistered lease deed in the vicinity of the property in dispute placed on record by the petitioner (s) wherein monthly rent of Rs.30,000/- per month in the year 2023 was settled. He, therefore prays that the above referred to six civil revision petitions be allowed and the amount of mesne profits assessed by learned Appellate Rent Authority, Jalandhar be enhanced.

3. He has also relied upon following judgments:-

(i) Raj Kumar vs. Harminder Singh Taneja, 2023 (2) RCR (Rent) 315

(ii) Paul Rubber Industries vs. Amit Chand Mitra, 2023 (2) RCR (Rent) 472.

(iii) Sukhjinder Singh vs. Khushwant Rai Joshi, 2020 (1) RCR (Rent) 289.

4. Per contra, learned senior counsel for the respondent (s) contends as under:-

(i) That the learned Appellate Rent Authority, Jalandhar while relying upon the rate of gold, straightway increased the amount of rent to fifteen times more than what was paid by the respondent (s).

(ii) That the learned Appellate Rent Authority, Jalandhar increased the amount of rent paid by the respondent (s) to fifteen times without appreciating the age, location, construction & condition of the property in dispute and assessibility from and to, facilities inside the premises, parking space etc. He, therefore, prays that the impugned order dated 23.05.2025 be set aside and the revision petition (s) be dismissed.

(iii) He has relied upon following judgments:-

5. I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.

6. It would be apposite to reproduce the relevant paras of the impugned order dated 23.05.2025, which are reproduced as under:-

'5. In light of the above facts, it cannot be denied that the property in question is situated in a commercial area, is being used for a commercial purpose. As per copy of lease deed placed on record by the respondents, a similarly situated property with a carpet area of 2896 sq.feet has been taken on lease by HDFC Bank Ltd. For Rs 170000/- per month whereas another shop measuring about 270 sq. ft, in the vicinity of the property in dispute has been rented out for a monthly rent of Rs 30000/- per month in the year 2023. This goes to show that the market rate of rent in the area in which the property in dispute is situated has burgeoned manifold, so the appellants cannot be allowed to retain the possession of the same merely by continuing to pay the agreed rate of rent ie-Rs 800/- per month. It also cannot be lost sight of that even the gold rate has escalated sharply since 1990 thereby making out a strong case for increase in the rate of rent/occupation charged of commercial property Having compounded the above factors, this court has no hitch in opining that there is sufficient material on record for assessment of mesne profits and therefore such assessment cannot be delayed merely at the behest of the appellants especially when it has been held in a cate

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top