Mahant Ashok Prapan Sharma vs Punjab National Bank, Rishikesh

Sudhanshu Dhulia, J.

This is landlord's revision under Section 25 of the Provincial Small Cause Courts Act, 1887. A suit for eviction, recovery of arrears of rent and damages, etc. was filed by the landlord against his tenant, which is Punjab National Bank. In the rented premises was the Regional Office of the respondent situated at Laxman Jhula Marg, Rishikesh. Admittedly, the tenant was occupying the premises on the basis of a lease deed dated 17.05.1999, which admittedly expired on 31.12.2008. Prior to expiry of the lease deed, the plaintiff had given a notice dated 05.08.2008 to the defendant that he does not want to extend the lease deed and the tenant/defendant should vacate the premises. The tenant kept on occupying the premises even after expiry of the lease deed. During the pendency of the suit, in April, 2013 admittedly the bank has vacated the premises. The question before the court below was only as to the mesne profit liable to be given to the landlord between 01.01.2009 to April, 2013. During the lease period from 1999 to 2008, the rent which was payable was Rs.400/- per day, which was liable to be increased after a particular period.

The case of the plaintiff was that market value of the premises is Rs.3,500/- per day but demand was made at the rate of Rs.1,800/- per day. It is an admitted fact between the parties that there is a correspondence between the parties where the tenant has accepted to continue the lease of the premises at the rate of Rs.30/-per sq.ft. which comes to Rs.1,650/- per day. This fact has been admitted and there is a finding of the court below to this effect. Yet, the mesne profit which has been fixed by the court below is Rs.1,000/- per day, on ground that the respondent is a banking institution and is doing public service.

This may be so, but what the court below lost sight of was the fact that the respondent bank is also a commercial institution which is in a commercial business. Therefore, since Rs.1,650/- was admitted by the respondent and as it has also come in order of the court below, the mesne profit of the property was liable to be fixed at the rate of Rs.1,650/- per day and not at the rate of Rs.1,000/- per day, as fixed by the court below. To that extent, the order dated 26.03.2016 passed by the court below is modified. Remaining portion of the order dated 26.03.2016 shall remain.

Civil revision is allowed to the extent that the mesne profit shall be paid by the defendant/tenant to the plaintiff/landlord at the rate of Rs.1,650/- per day and not at the rate of Rs.1,000/- per day, as fixed by the court below. Consequences to follow.