CR No.2403 of 2011 (O&M) - 1 - CR No.3058 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** 1. CR No.2403 of 2011 (O&M) Date of Decision: 10.05.2011 M/s Faqir Chand Karwa and another . . .Petitioners Versus Vinod Kapoor and others . . . Respondents ***** 2. CR No.3058 of 2011 (O&M) Date of Decision: 10.05.2011 Vinod Kapoor and others . . .Petitioners Versus M/s Faqir Chand Karwa and others . . . Respondents ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Gaurav Mohunta, Advocate, for the petitioners in CR No.2403 of 2011. Mr.P.C. Goyal, Advocate, for the petitioners in CR No.3058 of 2011. ***** RAKESH KUMAR JAIN, J (ORAL) This order shall dispose of two Civil Revisions namely, CR No.2403 of 2011 titled as M/s Faqir Chand Karwa and another Versus Vinod Kapoor and others and CR No.3058 of 2011 titled as Vinod Kapoor and others Versus M/s Faqir Chand Karwa and others as the impugned order involved in both the revision petitions is the same i.e. the order dated 7.3.2011 passed by the learned Appellate Authority by which it has fixed the mesne profit of the demised premises during the pendency of the appeal to the tune of `40,000/- per month. Learned counsel for the tenant has submitted that the rent was settled @ `6500/- per month with 12% increase every year. The landlord had filed eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, CR No.2403 of 2011 (O&M) - 2 - CR No.3058 of 2011 (O&M) 1949 (for short ‘the Act’), inter alia, on the ground of non-payment of rent and bona fide necessity. The issue of non-payment of rent was decided in favour of the tenant but he was ordered to vacate the demised premises on the ground of bona fide requirement of the landlord. Aggrieved against the order of eviction, tenant filed the statutory appeal before the Appellate Authority, Chandigarh and during its pendency the landlord had filed an application for grant of mesne profit for use and occupation of the demised premises by the tenant. The said application has been decided on 7.3.2011 and `40,000/- has been assessed as mesne profit/damages to be paid by the tenant to the landlord during the pendency of the appeal. It is an admitted fact that the tenant is paying the amount of `40,000/- as directed vide order dated 7.3.2011 but he has filed Civil Revision No.2403 of 2011 before this Court to assail the order dated 7.3.2011 on the ground that amount of `40,000/- has been fixed by the Appellate Authority without there being any evidence on record. Interestingly, the landlord has also filed Civil Revision No.3058 of 2011 before this Court assailing the same order on the ground that the amount of mesne profit is on the lower side. During the course of hearing, both the learned counsel for the parties have agreed that the impugned order may be set aside and the learned Appellate Authority may be directed to decide the application afresh after giving an opportunity to both the parties to lead their evidence with regard to the prevailing rate of rent of the similar premises in and around the area. In view thereof, the impugned order is hereby set aside. The matter is remanded back to the learned Appellate Authority to decide the application afresh after giving an opportunity to both the parties to place on record their respective evidence to prove the prevailing rate of rent of the similar premises in and around the area concerned. It is also made clear that during the pendency of the application, tenant shall keep on paying `40,000/- to the landlord as mesne profit as assessed on 7.3.2011 subject to the condition that if ultimately the Appellate Authority finds that the mesne profit should be less than `40,000/- then it would be adjusted and if it found to be more then he would pay as per the order to be passed by the Appellate Authority. Both the learned counsel for the parties have also prayed that the Appellate Authority may be directed to take the decision on the application for CR No.2403 of 2011 (O&M) - 3 - CR No.3058 of 2011 (O&M) mesne profit in a time bound manner. In view of their request, Appellate Authority is directed to decide the application for mesne profit within a period of three months from the date of receipt of a certified copy of this order. Till then the application for mesne profit is decided, the ejectment of the tenant shall remain stayed as it was already done in the order which has been set aside by this Court. A photocopy of this order be placed on the file of another connected case. (RAKESH KUMAR JAIN) MAY 10, 2011 JUDGE Vivek