B.D. Devshali vs Darshan Kumar Gupta

Jaswant Singh, J.—This order shall dispose of the aforesaid two revision petitions. Revision petition bearing C.R. No. 6835 of 2012 has been filed by the tenant and the other petition bearing C.R. No. 7152 of 2012 has been preferred by the landlord assailing the order dated 22.10.2012 passed by the learned Appellate Authority, Chandigarh whereby mesne profits for the demised Booth No. 35, Sector 29-D, Chandigarh has been assessed at the rate of Rs. 15000/- per month payable with effect from 1.6.2012 i.e. date of eviction order passed by the learned Rent Controller, Chandigarh.

It is apparent that the learned Appellate Authority, Chandigarh while determining the aforesaid rate of mesne profits has relied upon an unregistered lease deed dated 16.7.2007 in respect of Booth No. 17, Sector 29-D, Chandigarh located in the same market. It is also evident that the said Booth is located in a disadvantageous position as compared to the Booth in question bearing No. 35. In the lease deed relied, the rate of rent fixed was Rs. 8000/- per month with increase of 7% every year in case the lease deed is not renewed.

Learned counsel for the tenant has argued that even if the annual increase of 7% per month is taken into account, even then the rent payable in June 2012 would not amount to more than Rs. 11000/- per month. He thus, submits that the rate determined is excessive.

On the other hand, learned counsel for the landlord submits that the rate of rent in the locality for a similar premises relating to the booths of adjoining Sector 30-C, Chandigarh situated right across the road would not be less than Rs. 20,000/-. He places reliance on the registered lease deeds of similarly situated booths located in the adjoining Sector 30-C, Chandigarh across the road of the demised premises in question. He further submits that the rate assessed is on the lower side, however, he, on instructions from his client, submits that he would not press his petition for increase of rate of mesne profits provided his petition is disposed of with a direction to the learned Appellate Authority to expedite the disposal of the pending appeal filed by the tenant in view of the fact that the present litigation between the parties is pending for the last more than 23 years.

After hearing learned counsel for both the parties, in my opinion learned Appellate Authority has rightly assessed the rate of mesne profits at Rs. 15000/- per month and as such it calls for no further interference.

The request of the landlord also appears to be genuine, therefore, this Court is inclined to direct the Appellate Authority, Chandigarh to dispose of the pending appeal of the tenant within a time frame. Accordingly, petition bearing C.R. No. 6835 of 2012 filed by the tenant is dismissed whereas the other revision petition bearing C.R. No. 7152 of 2012 filed by the landlord is disposed of as not pressed with the direction that the learned Appellate Authority, Chandigarh shall make all endeavours to decide the pending appeal of the tenant expeditiously preferably within a period of four months from today. Tenant is permitted to deposit the arrears of mesne profits in terms of the order dated 22.10.2012, on or before the next date i.e. 7.1.2013 fixed before the learned Appellate Authority.