IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.2976 of 2009 (O&M) Date of Decision : 06.10.2009 Kamal Kishore .....Petitioner versus Hem Raj .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Satish Goel, Advocate, for the petitioner. Mr.Mukand Gupta, Advocate, for respondent No.1. -.- 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? --- ORDER Surya Kant, J. (Oral) This revision petition is directed by the landlord against the order dated 12.12.2008 passed by the Appellate Authority, Barnala, refusing to assess the mesne profits claimed by the petitioner during the pendency of the appeal filed by the respondent-tenant against the order of his eviction. It appears from the impugned order that the Appellate Authority was not apprised of the law laid down by the Hon'ble Supreme Court in (i) Atma Ram Properties (Pvt) Ltd., versus Federal Motors (P) Ltd., 2005 (1) SCC 705, and (ii) Anderson Wright and Co. versus C.R. No.2976 of 2009 (O&M) 2 Amar Nath Roy and others, on the basis of which the landlord, after passing of eviction order, can claim mesne profits. Whether or not the aforesaid principle is attracted to the facts of the present case, is a question of fact to be determined by the Appellate Authority. For the reasons afore-stated, this revision petition is allowed; the impugned order dated 12.12.2008 is set-aside and the matter is remitted to the Appellate Authority, Barnala, to decide the petitioner's claim afresh and in accordance with law. Dasti. 06-10-2009 (SURYA KANT) Mohinder JUDGE