IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 20.02.2026 Mohammad Panjatan ... Petitioner(s)

Versus Kulwant Kaur & Ors ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Ramesh Sharma, Advocate for the petitioner.

ALKA SARIN, J. (Oral)

1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 11.02.2026, whereby the application filed by the landlord-respondents for assessment of the mesne profits has been allowed and the mesne profits have been assessed @ ₹65,000/- per month.

2. Brief facts relevant to the present lis are that the landlord- respondents herein filed a petition under Section 20(2)(a) of the Punjab Rent Act, 1995 for eviction of the tenant-petitioner herein from a shop (approximately 15 sq. yds.) on the backside of SCF No.94, Phase 3B-2, Mohali on account of arrears of rent amounting to ₹13,67,370/- alongwith interest upto April 2023. The tenant-petitioner herein filed his written statement and thereafter vide the order dated 15.04.2024 the defense of the tenant-petitioner was struck off. The said order was not challenged by the tenant-petitioner. Subsequently, vide order dated 29.11.2024 the ejectment petition was allowed on account of arrears of rent and the tenant-petitioner was directed to hand over vacant possession within a period of one month from the date of the passing of the order. It was observed that after assessment of the provisional rent, no payment was made. The landlord-respondents were also held entitled to recover an amount of ₹14,81,690/- upto December 2023 and thereafter @ ₹65,000/- per month till handing over of vacant possession alongwith interest @ 12% per annum. An appeal was preferred by the tenant- petitioner before the Appellate Authority and vide the impugned order dated 11.02.2026 the mesne profits for use and occupation of the premises were assessed as ₹65,000/- per month on the basis of the order passed by the Rent Controller which in turn had assessed the amount on the basis of the rent agreement between the parties. Aggrieved by the same, the present revision petition has been filed.

3. Learned counsel for the tenant-petitioner would contend that the rent was ₹32,000/- and in the absence of any evidence, the amount of ₹65,000/- per month has been assessed as mesne profits which is highly excessive.

4. I have heard the learned counsel for the tenant-petitioner.

5. In the present case a rent agreement was entered into between the parties, which is not denied by the tenant-petitioner herein. Clause 8 of the Rent Agreement reads as under :

“8. That the vacant possession of the demised premises shall be handed over by the tenant on the expiry of agreement period i.e. 30.11.2020. If the tenant and the landlords mutually agree to extend the agreement for a further period, then the tenant will have to execute a new agreement well before 30.11.2020. If the tenant does not vacate the premises by 30.11.2020 or does not execute the fresh agreement well before 30.11.2020, then the tenant shall have to pay penal rent of ₹65,000/- (Sixty Five Thousand only) per month till he vacates the above said premises.”

6. As per the agreement itself, the tenant-petitioner was to vacate the premises by 30.11.2020 in case no fresh agreement was executed and was to pay a penal rent of ₹65,000/- per month till he vacated the premises. The amount of mesne profits has been assessed as per the said agreement. It is also to be noticed that even the outstanding rent was not paid by the tenant- petitioner which was assessed as ₹14,81,690/- till December 2023. In the present case the tenant-petitioner has not only been using the property, but is also running his business therefrom without paying a penny towards rent or use and occupation charges.

7. Hon’ble Supreme Court in the case of M/s Martin & Harris Private Limited & Anr. vs. Rajendra Mehta & Ors. [2022 (2) RCR (Rent)

109] has held as under :

“10. Now, reverti