Suman @ Shammi Kumar Verma (Deceased) vs Manoj Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 803

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Suman @ Shammi Kumar Verma (Deceased) – Appellant
Versus
Manoj Kumar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Mona Goyal, Advocate

JUDGMENT :

Nidhi Gupta, J.

Challenge in the present petition is to the order dated 30.04.2024 (Annexure P1) passed by the learned Additional District Judge, Bathinda, whereby the application filed by the respondent/landlord for assessment of mesne profit, has been allowed; and the petitioner has been directed to pay mesne profit at the rate of Rs.20,000/- per month.

2. Learned counsel for the petitioner inter alia submits that the petitioner is a poor person and does not have the capacity to pay the excessive mesne profits as directed vide the impugned order. It is pointed out that the demised premises is very small in size, situate only on the ground floor portion which is part of 50 years old building which is situated at narrow railway road. The Shop in question is part of a bigger building belonging to the respondent/landlord which comprises of about 3 floors out of which rear portion of ground floor, entire first floor, entire second floor are in possession of the landlord himself, who is conducting / running their own business of Hotels namely Manoj Hotel, Hotel Bansi Dhar, Hotel Paras etc. The demised premises in question has its small entrance towards railway road with narrow

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