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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Honey Sudhir – Appellant
Versus
Ashwani Bansal – Respondent
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 pe
Court may reassess mesne profits based on market evidence and principles to avoid punitive outcomes.
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.
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 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....
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