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High Court of Punjab and HaryanaCR/4002/2015dismissed

Raj Kumar Sharma v. Krishna Devi

2015-06-30Mr. Justice Krishna Murari2 pages

CR-4002-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-4002-2015 (O&M).

Decided on: June 30, 2015.

Raj Kumar Sharma ... Petitioner(s)

VERSUS

Krishna Devi ... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Harsh Aggarwal, Advocate, for the petitioner.

M.M.S. BEDI, J (ORAL).

This is tenant's revision petition against the assessment of mesne profits during pendency of the appeal before the Appellate Authority, Sangrur, against the agreed rent of Rs.2,000/- per month settled on 25.8.1994. The Appellate Authority after ejectment order having been passed against the defendantpetitioner assessed the mesne profits @ Rs.15,000/- per month relying upon a rent note dated 9.8.2014 pertaining to the adjacent shop owned by Jeth (brother-in-law) of the landlady. I have heard the counsel for the petitioner and considered the contentions. The assessment of mesne profits is based upon estimation and no strait jacket formula can be laid down for determining the mesne profits. Taking into consideration the escalation of rental value of the properties, the amount assessed @ Rs.15,000/- per month might be slightly on higher side but said

CR-4002-2015 (O&M) assessment does not warrant interference.

No ground is made out for interference in the impugned order.

The petition is dismissed.

(M.M.S. BEDI) June 30, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.07.01 11:44 I attest to the accuracy and integrity of this document