CR No.5947 of 2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

101

CR No.5947 of 2019 (O&M)

Reserved on : 02.12.2022

Date of Decision : 06.12.2022

Haryana Backward Classes and Economically

Weaker Section Kalyan Nigam

....Petitioner

VERSUS

Yashpal Malhotra

....Respondent

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. Vishal Gupta, Advocate for the petitioner.

ALKA SARIN, J.

The present revision petition has been filed under Article 227 of

the Constitution of India challenging the order dated 06.08.2019 passed by

the Appellate Authority, Chandigarh whereby mesne profits to the tune of

Rs.1,00,000/- per month has been fixed for use and occupation of the

property in dispute w.e.f. 10.10.2017 till disposal of the appeal. Aggrieved

by the same, the present revision petition has been filed.

Learned counsel for the tenant-petitioner would contend that the

amount assessed by the Appellate Authority is in excess and the market rate

of rent is much lower. In support of his argument, he has also filed CM-

24926-CII-2019 for placing on record certain lease deeds and orders in order

to show the current market rate of rent. Annexure P-10 is a lease deed

pertaining to the property in dispute. Annexure P-11 is the order dated

28.11.2017 fixing the mesne profits for SCF No.13, Sector 22-D,

Chandigarh measuring 250 sq. ft. @ Rs.70,000/- per month. Annexure P-12

is an order passed in a revision petition challenging the order dated

JITENDER KUMAR

2022.12.06 17:38

I attest to the accuracy and

integrity of this order/judgment.

Chandigarh

CR No.5947 of 2019

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28.11.2017 (Annexure P-11) whereby the said order was stayed and the

tenant was directed to pay an amount of Rs.10,300/- per month as an interim

measure. Annexure P-13 is an interim order dated 26.03.2019 fixing mesne

profits @ Rs.80,000/- per month for a property in Chandigarh. Annexure

P-14 is yet another interim order fixing Rs.45,000/- per month as mesne

profits.

Learned counsel for the tenant-petitioner has further relied upon

the judgments of this Court in the cases of Angoori Devi & Ors. vs. Smt.

Satya Bhama [2016 (5) RCR (Civil) 1043]; Rakesh Kumar & Anr. vs.

Ashok Kumar Mehal & Ors. [2018 (2) PLR 346]; Onkar Singh & Anr.

vs. Manpreet Kaur [2016 (4) RCR (Civil) 82] and Baljit Kaur vs. Daljit

Singh & Anr. [2017 (1) RentLR 334].

Heard.

In the present case, as mentioned in the paper-book, the tenant-

petitioner has been incorporated by the State of Haryana and is wholly

owned and controlled by State of Haryana. The tenant-petitioner is

occupying the entire first and second floors of SCO Nos.813-814, Sector 22-

A, Chandigarh. The landlord-respondent filed an ejectment petition under

Section 13 of the East Punjab Urban Rent Restriction Act, 1949 against the

tenant-petitioner. Vide order dated 10.10.2017 the eviction petition was

allowed by the Rent Controller and the tenant-petitioner was directed to

hand over vacant possession of the property in dispute within three months.

Aggrieved by the said order, an appeal was preferred before the Appellate

Authority. Dispossession of the tenant-petitioner was stayed. The landlord-

respondent moved an application for grant of mesne profits during the

pendency of the appeal from the date of passing of the eviction order i.e.

JITENDER KUMAR

2022.12.06 17:38

I attest to the accuracy and

integrity of this order/judgment.

Chandigarh

CR No.5947 of 2019

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10.10.2017 till decision of the appeal. In the application, an amount of

Rs.2,70,000/- per month was sought as mesne profits. The lease deed

pertaining to SCO Nos.835-836, Sector 22-A, Chandigarh was relied upon

wherein rent for the property was fixed @ Rs.2,50,000/- per month with

6.5% increase annually. The said application was contested by the tenant-

petitioner. Admittedly, no lease deed was relied upon by the tenant-

peti