Civil Revision No.3970 of 2011(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3970 of 2011(O & M) Date of Decision:24.08.2011 Shri Jagdish Singh Saini ....petitioner Versus M/s Boparai Industrial Corporation .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.B.S.Guliani, Advocate for the petitioner Mr.Kasturi Lal, Advocate for the repondent *** RAKESH KUMAR GARG, J.(ORAL): This is tenant's revision petition challenging the impugned order dated 06.06.2011, whereby the Appellate Authority, Chandigarh, has assessed the mesne profit for the demised premises @ ` 30,000/- per month from the date of the order of ejectment. On July 04, 2011, the following order was passed: Contention of the learned counsel for the petitioner before this Court is that the area under his occupation for which the provisional rent has been assessed vide impugned order is almost same and similar to an area for which the mesne profits have been assessed only at a sum of ` 1225/- per month whereas in the present case mesne profits Civil Revision No.3970 of 2011(O & M) 2 have been assessed at an exorbitant rate of ` 30,000/- per month from the date of order of ejectment. Notice of motion for 11.07.2011. Dasti only. Till the next date of hearing, the petitioner shall not be dispossessed. Mr.Kasturi Lal, learned counsel appearing on behalf of the respondent-landlord has submitted before this Court that the impugned order has been passed, keeping in view the documents placed before the Appellate Authority by the parties in support of their respective stand and the documents now relied upon by the petitioner were not before the Appellate Authority. It has also been brought to the notice of the Court that the appeal filed by the petitioner before the Appellate Authority against the order of eviction is fixed for 31.08.2011. I have heard learned counsel for the parties and perused the averments made in this revision petition, as well as the documents placed on the record. It is not in dispute that respondent-landlord is entitled to the mesne-profits from the date of order of eviction. The dispute is only with regard to the quantum of the amount assessed. There is nothing on record to dispute the genuineness of the lease deeds produced by the respondent-landlord before the Appellate Authority for the purpose of assessing the mesne profit. However, in the grounds of revision, petitioner has averred that similarly situated properties with all facilities are available at market rent of ` 7000/- to ` 10,000/- per month and therefore the impugned order is liable to be modified. After hearing learned counsel for the parties, perusing the documents produced on record and keeping in view the facts and Civil Revision No.3970 of 2011(O & M) 3 circumstances of the case, the amount of mesne profits is assessed @ ` 15,000/- per month and the impugned order is modified, accordingly. Let the up to date arrears of mesne profits @ ` 15,000/- per month be deposited from the date of the order of eviction, up to 15.09.2011, failing which the interim order granted in favour of the petitioner by the Appellate Authority shall be deemed to be vacated, automatically. The petition is disposed of in the aforesaid terms with a further direction to the Appellate Authority, Chandigarh to dispose of the appeal up to 30.09.2011. (RAKESH KUMAR GARG) JUDGE 24.08.2011 neenu