C.R.No.4940 of 2011 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.4940 of 2011(O&M) Date of decision: 19.12.2011 Jiwan Kumar ...Petitioner vs Smt.Prem Rani and others ....Respondents CORAM: MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Munish Raj, Advocate, for Mr.S.S.Majithia, Advocate, for the petitioner. -- Rakesh Kumar Garg,J.(oral) This is landlord's revision petition challenging the impugned order dated 4.4.2011 of the Appellate Authority whereby the appeal filed by the respondent-tenant against the order of his eviction dated 11.9.2007, from the demised premises has been dismissed. The prayer of the petitioner in this revision is that the order of the Appellate Authority be modified to the extent that respondent-tenant be directed to pay the mesne profit, house tax, compensation cost and interest at the rate of Rs.15,000/- per month along with interest from the date of ejectment order dated 11.9.2007. Briefly stated the eviction of the respondent tenant was ordered by the Rent Controller vide order dated 11.9.2007. The respondent-tenant filed an appeal challenging the aforesaid order. During the pendency of the aforesaid appeal, petitioner moved an application dated 6.5.2010 before the Appellate Authority directing respondent to pay mesne profit, house tax, C.R.No.4940 of 2011 2 compensation, cost and interest as per the market rate to him. On the basis of the statements of the counsel for the parties, the application of the petitioner for grant of mesne profit was disposed of by the Appellate Authority vide order dated 12.8.2010 by passing the following order:- “Present: Sh.D.S.Gill Adv. For appellant. Respondent/landlord in person with Shri Gagandeep Singh, Adv. -- The application dated 6.5.2010 directing the appellant to pay rent and interest, mesne profits and compensation is disposed of on the basis of the statements suffered by the respondent/landlord and the Ld.Counsel for the appellant. The interest on the delayed payment as per the statement be deposited by the next date of hearing. Now to come up on 13.9.2010 for arguments. Sd/- Munish Singal. ADJ, 12.8.2010”. The said order was never challenged by the petitioner before this Court during the pendency of appeal before the Appellate Authority. Even a perusal of the aforesaid order dated 4.4.2011 does not show that the petitioner has ever objected that he is further entitled to the mesne profits in spite of the fact that his prayer on that account was already disposed of on 12.8.2010. Even before this Court in the instant revision petition, the aforesaid order is not under challenge and the petitioner has challenged only the order dated 4.4.2011 whereby appeal filed by the respondent- tenant has been dismissed. C.R.No.4940 of 2011 3 In view of the aforesaid , the instant revision petition is wholly misconceived and the same is dismissed. (Rakesh Kumar Garg) Judge December 19, 2011 rk