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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Devinder Kumar – Appellant
Versus
Shree sanatan dharam sabha (regd.) – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This order will dispose of six revision petitions i.e., CR-4208-2024, CR-4209-2024, CR-4210-2024, CR-4211-2024, CR-4212-2024 and CR-4242-2024 as common questions of law and fact are involved in all the said cases. In all the six revision petitions, challenge is to the separate orders of the same date i.e. 19.07.2024 vide which the application(s) of the respondent-landlord for mesne profits has been disposed along with application for stay moved by the petitioner(s). With the consent of the parties, CR-4208-2024 is being taken up as the lead case.
2. Brief facts of the present case are that the respondent-landlord had filed six separate petitions for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the petitioner(s)-tenant(s) from six different shops all situated in District Bathinda. The said shops are stated to be situated close to each other. In all the cases, vide separate orders dated 28.08.2023, the eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 filed by the respondent-landlord was allowed and the petitioners were ordered to be evicted from the premises in que
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
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.
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 reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
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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