Civil Revision No. 6888 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6888 of 2011 Date of Decision: 09.11.2011 *** Bata India Ltd. .. Petitioner VS. Om Wati Jain .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sudhir Mittal, Sr. Advocate with Mr. Kunal Mulwani, Advocate for the petitioner. *** ARVIND KUMAR, J. The petitioner is aggrieved with order dated 10.10.2011 passed by the appellate Authority below directing the petitioner to pay mesne profit to the tune of Rs.2 lacs over and above the rent fixed by the learned Rent Controller, during pendency of the appeal. Heard. It is apparent that the petitioner has been directed to be evicted from the basement and ground floor of the SCO No. 813. However, the tenant preferred to file an appeal against the order of his eviction, during pendency whereof the landlord filed an application seeking direction to the tenant to pay mesne profits @ Rs.6 lacs per month. The appellate Authority below, as said above, fixed a sum of Rs.2 lacs and directed him to pay the same before 10th of every month that too in the shape of fixed deposit in the name of respondent, who in turn was directed to furnish an undertaking not to withdraw the same till the decision of the appeal. It emerges out that while assessing the mense profits the appellate Authority took into consideration the instances of the shops situated in or around the locality. Nearby SCO No.830 was shown to have been rented @ Rs.3,25,000/- per month on 16.12.2008 and also the shop situated at some distance was shown Civil Revision No. 6888 of 2011 2 to have fetching Rs.2,28,000/- per month. On the other hand, the petitioner failed to show that rent of the nearby shops is in fact less than shown by the respondent. In this view of the matter, mesne profits @ Rs.2 lacs per month, which otherwise has been fixed subject to the outcome of the appeal and after taking into consideration the rate of rent prevailing in the locality, where the shop in question is situated, cannot be said either excessive or punitive. There is no illegality or ambiguity in the impugned order. Dismissed. The petitioner has been directed to pay the mesne profits before 10th of every month. However, the period is extended and the arrears be deposited on or before 23.11.2011. Appellate Authority is also directed to dispose of the pending appeal as expeditiously as possible. (ARVIND KUMAR) November 09,2011 JUDGE Jiten