CR Nos.3802 & 4306 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Civil Revision No.3802 of 2010 M/s Fair Deal Tent House and others ....Petitioners v. Harpreet Singh and another ....Respondents ... 2. Civil Revision No.4306 of 2010 Harpreet Singh and another ....Petitioners v. Fair Deal Tent House and others ....Respondents ... Date of Decision: 27 – 8 – 2010 CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.K.S.Dadwal, Advocate for the petitioners in CR No.3802 of 2010 and for the respondents in CR No.4306 of 2010. Ms.Ekta Thakur, Advocate for the respondents in CR No.3802 of 2010 and for the petitioners in CR No.4306 of 2010. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order, Civil Revision No.3802 of 2010 preferred by tenants M/s Fair Deal Tent House and others and Civil Revision No.4306 of 2010 preferred by the landlords shall be disposed of CR Nos.3802 & 4306 of 2010 [2] together. Both the tenants and landlords are aggrieved against the order dated 22.5.2010 passed by the Appellate Authority, Chandigarh whereby while granting the stay of execution, Rs.20,000/- has been fixed as mesne profits payable by the tenants to the landlords. Filing of revision petitions by the tenants and the landlords depict one thing that both are not satisfied with the mesne profits determined by the Appellate Authority. The tenants pray for decrease in the amount, whereas the landlords pray for enhancement. The Appellate Authority while determining the rent has taken into consideration that in the neighborhood, 1000 square feet showroom, like the petitioners has been rented out for Rs.One lac per month, whereas for another tenanted premises of 1100 square feet, the rent is Rs.66,839/-. The property is situated in Sector 22, Chandigarh which is main hub of business activity in the city. Mr.K.S.Dadwal, learned counsel appearing for the tenants has stated that the ratio of law laid down in M/s. Atma Ram Properties (P) Ltd. v. M/s. Federal Motors Pvt. Ltd., 2005(1) S.C.C. 705 is not attracted to the facts of the present case, as the above said judgment pertains to Delhi Rent Control Act, 1958, where no power is vested in the Appellate Authority to stay the proceedings and the Appellate Authority in Delhi had to rely upon the provisions of Code of Civil Procedure, whereas under Section 15(2) of the East Punjab Urban Rent Restriction Act, 1949 (as applicable to Chandigarh), a specific power has been vested in the Appellate Authority to grant the stay. Counsel states that power of stay vested in the Appellate Authority in Punjab is not subjected to any condition and the CR Nos.3802 & 4306 of 2010 [3] Appellate Authority has unfettered power to grant stay. The power of stay vested in the Courts can always be exercised by putting any person to any term or terms. The Court which can grant stay has inherent power to qualify the stay with any rider. Furthermore in M/s. Atma Ram Properties (P) Ltd.'s case (supra), it was observed by the Hon'ble Apex Court that Rent Act is exception to the general law of Transfer of Property Act. Under the Transfer of Property Act when the right of the tenant to continue as tenant into possession, came to an end, for any period thereafter for which tenant continues to occupy the premises, he is liable to pay damages for use and occupation at the rate at which the landlord could have let out the premises on being vacated by the tenant. Therefore, the words of wisdom in M/s. Atma Ram Properties (P) Ltd.'s case (supra) are one which are applicable, being general principles of law. The stay order cannot be to the detriment of the one who has earned fruits of litigation like the landlords herein. For the reasons stated above, this Court will not disturb the impugned order passed by the Appellate Authority. However, the Appellate Authority is directed to decide the appeal within one month from the date of receipt of a certified copy of this order. With the aforesaid direction, both the revision petitions stand disposed of. ( KANWALJIT SINGH AHLUWALIA ) August 27, 2010 JUDGE RC