CR No.6459 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.6459 of 2009 (O&M) DATE OF DECISION: 06.11.2009 **** Oriental Bank of Commerce and another . . . . Petitioners VS. Parminder Singh and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. C.S. Jolly, Advocate for the petitioner ***** SURYA KANT J.(ORAL) (1). This revision petition is directed by the tenant against the order dated 03.09.2009 passed by the Appellate Authority, Sangrur, whereby, market rent of the demised premises situated as Bhawanigarh has been assessed @ Rs.12.50 per sq.feet per month. The premises was taken by the petitioner-Bank on rent @ Rs.2 per sq.feet per month. (2). While determining the provisional rate/mesne profits, the learned Appellate Authority, Sangrur has relied upon the petitioner-bank’s communication wherein it is categorically mentioned that the Bank is ready and willing to increase the rent @ 12.50 per sq.feet per month. CR No.6459 of 2009 - 2 - (3). In the light of the petitioner-bank’s own stand in its communication relied upon by the Appellate Authority, I am of the considered view that the impugned order dated 03.09.2009 passed by the Appellate Authority, Sangrur does not warrant any interference by this Court. (4). However, it is clarified that the Appellate Authority has assessed the mesne profits provisionally only which does not preclude the petitioner-Bank to prove that the actual market rent of the premises is less than Rs.12.50 per sq.feet per month. The Appellate Authority, if at the time of final hearing and on consideration of the material on record comes to the conclusion that the provisional rent/mesne profits paid by the Bank @ Rs.12.50 per sq.feet per month is on the higher side, the excess payment, if any, can be adjusted against the future rent. (5). Disposed of. (6). Dasti. (SURYA KANT) JUDGE 06.11.2009 vishal shonkar