IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

129+260 CR-4246-2024 (O&M)

Date of decision: 10.02.2026 Maharaja Sarup ...Petitioner(s)

Vs.

Shree Satnam Dharam Sabha ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Ms. Ritu Punj, Advocate Mr. Sarvesh Rattan, Advocate for the petitioner.

Mr. Binderjit Singh, Advocate for the respondent.

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NIDHI GUPTA, J.

The present Revision Petition has been filed by the tenant seeking setting aside of the order dated 19.07.2024 (Annexure P4) passed by the learned Appellate Authority, Barnala whereby the appellant has been directed to pay Rs.22,000/- per month as mesne profit during the pendency of the appeal from the date of passing of Eviction Order dated 28.08.2023. 2. Brief facts of the case are that the respondent/landlord had filed Eviction Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949. Vide order dated 28.08.2023, the said Rent Petition was allowed. The petitioner challenged the said order by way of Rent Appeal dated 13.10.2023 (Annexure P1), which is still pending. In the said appeal, respondent had filed an application dated 21.10.2023 (Annexure P2) for directing the petitioner-tenant to pay a sum of Rs.50,000/- per month as mesne profit. The petitioner had filed reply dated ‘Nil’ (Annexure P3) to the said application. Vide the impugned order dated 19.07.2024 (Annexure P4), the application filed by the respondent-landlord for mesne profit was allowed and the petitioner was directed to pay mesne profits at the rate of Rs.22,000/- per month.

3. The petitioner has challenged the said order on the ground that sale deeds produced by the petitioner of nearby properties have not been considered while determining the mesne profits. Today, Ld. Counsel has also sought an adjournment.

4. On a query posed by this Court to learned counsel for the respondent with regard to the order dated 3.10.2024 passed in respect of other tenants and the respondent, in similar revision petition bearing CR- 4208-2024 titled as ‘Devindra Kumar versus Shri Sanatan Dharam Sabha’, which was partly allowed by Co-ordinate Bench directing the tenants/ petitioners therein “to deposit the arrears of mesne profits at the rate of ₹15,000/- per month with effect from 28.8.2023, within a period of two months from today……”; learned counsel for the respondent submits that the petitioner herein is not entitled to parity with the abovesaid tenants in view of the act and conduct of the petitioner; and in view of the observations recorded by the learned Executing Court in the order dated

11.12.2025, a copy of which is handed over in Court, and taken on record. It is also submitted that the petitioner is still in substantial arrears of Mesne profits. Accordingly, dismissal of the present revision petition is prayed for.

5. Heard.

6. On the last several dates of hearing, the matter has been heard at considerable length; and on 10.11.2025, this Court had passed the following order:-

“The present Civil Revision Petition has been filed by the tenant seeking setting aside of the order dated 19.07.2024 (Annex- ure P4) passed by the learned Appellate Authority; whereby the pe- titioner has been directed to pay Rs.22,000/- p.m. as mesne profit to respondent/landlord during continuation of the appeal proceed-

ings from the date of passing of eviction order dated 28.08.2023.

2. Present application under Section 151 CPC read with Arti- cle 227 of the Constitution of India has been preferred by the peti- tioner/tenant for staying the execution of the eviction order dated 28.08.2023 till the decision of the present revision petition.

3. On the last date of hearing i.e. 07.11.2025, after having been heard learned counsel for the parties at some length, follow-

ing order had been passed:-

"The present application has been filed by the ap-

plicant-petitioner/tenant for staying the execution of the order of eviction dated 28.8.2023 till the decision of the present revision petition.

After hearing learned counsel