IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: March 20, 2026 Ravinderpal Singh ...Petitioner Versus Kanwarjit Singh ...Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Ms.Mannat Anand, Advocate for the petitioner.

Mr.Chetan Kapoor, Advocate for the respondent.

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ARCHANA PURI, J.

Challenge in the present revision petition is to the order dated

05.09.2022 passed by learned Appellate Authority, on the application for assessment of the mesne profits, during the pendency of the rent appeal, filed at the instance of the petitioner-tenant.

In pursuance of the notice issued, the respondent-landlord made appearance through counsel. Counsel for the parties heard.

The facts germane to be noticed, are as follows:-

That, initially, the respondent-landlord Kanwarjit Singh filed ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, on the ground of personal necessity. The petitioner-tenant had made appearance in the same. After completion of the pleadings and evidence adduced in the case, learned Rent Controller vide order dated 25.05.2022 had allowed the petition with the direction to the petitioner- tenant to vacate the demised premises for the respondent’s bonafide necessity, within a period of three months, from the date of order.

Being aggrieved, the petitioner-tenant filed an appeal to assail the requisite eviction order.

During the pendency of the same, the respondent-landlord had filed an application for assessment of the mesne profits @ Rs.27,000/- per month. In the said application, it was asserted that after the eviction order was passed on 25.05.2022, the petitioner-tenant was liable to pay the mesne profits for the use and occupation of the demised premises. It was also averred that the demised premises is situated in the area of Sarabha Nagar, Ludhiana, which is a posh locality of Ludhiana. The circle rate notified by the authorities, where the demised premises is situated, is Rs.25,000/- per sq. yard. The portion in occupation of the appellant-respondent is measuring 240 sq. feet. Lot of commercial establishments have been set up in the vicinity of the demised premises. The monthly rent of the demised premises was got assessed by the respondent-landlord from En. Daljit Raheja, Government approved valuer, who had assessed the rental value of the demised premises to be in the range of Rs.27,000/- per month, vide report dated 03.08.2022. In the vicinity of the property in question, a shop measuring 300 sq. feet., forming part of property No.165-I, Sarabha Nagar, Ludhiana, has been let out, on a monthly rent of Rs.23,000/- per month, vide memorandum of rent deed in March 2017, with an enhancement of 5%, on yearly basis. Therefore, the petitioner-tenant is liable to pay an amount of Rs.27,000/- as mesne profits to the landlord. Accordingly, requisite prayer was made.

Along with the application, the respondent-landlord had also annexed the valuation report dated 03.08.2022 and copy of the rent deed. However, in reply, the petitioner-tenant resisted the claim for mesne profits. He had disputed about the rent deed/patanama, relied upon by the respondent-landlord and further also had stated that the application, as such, is not maintainable. In fact, he had raised the question, thereby disputing about the property having been given on rent to him. In fact, it was asserted that there is no tenancy proved under the Rent Act. In the reply, also the petitioner-tenant had stated about the relationship with the respondent-landlord and about the manner, in which the property came into his possession, wherein, his father, as such, had obtained gas agency under handicapped quota, as the petitioner-tenant is a handicapped person.

In fact, therein, it was stated that the provisional rent was also assessed as Rs.300/- per month and therefore, in any case, the property, as such, do not call for mesne profits, at the rate, as asserted by the respondent- landlord. Furthermore, also it was as