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High Court of Punjab and HaryanaCR/2383/2024disposed of

Puneet Bharti Shukla v. Ravinder Kaur Diler And Others

2024-07-23Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2383-2024 (O&M) Date of Decision : 23.07.2024 PUNEET BHARTI SHUKLA .... Petitioner

VERSUS

RAVINDER KAUR DILER & ORS.

.... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sudhir Paruthi, Advocate for the petitioner. Mr. H.K. Aurora, Advocate for respondent No.1. ALKA SARIN, J. (ORAL) 1.

The present revision petition has been filed for modification of the order dated 04.03.2024 passed by the learned Appellate Authority, Jalandhar whereby mesne profit has been assessed @ ₹27,000 per month as well as challenging the order dated 22.03.2024 whereby the review application was dismissed.

2.

Learned counsel for the petitioner would contend that there is not a single document on the record to show the prevailing market rent and the same was also noticed by the Appellate Authority in para No.7 of the impugned order.

3.

Mr. H.K. Aurora, Advocate has put in appearance on behalf of respondent No.1. Learned counsel for respondent No.1 is not in a position, to deny the fact that there is nothing on the record before the Appellate Authority depicting the prevailing rate of rent. Learned counsel would, however, contend that certain orders were shown by respondent No.1 to the AMAN JAIN 2024.07.24 09:29 I attest to the accuracy and integrity of this document

CR-2383-2024 (O&M) -2Appellate Authority and after seeing and considering the same they were returned to respondent No.1.

5.

Heard.

6.

In view of the fact that from the impugned order it is apparent that respondent No.1 had not placed any material or documentary proof on the record in order to show the prevailing market rent, the impugned order dated 04.03.2024 is not sustainable in law. The same is accordingly set aside. The Appellate Authority shall decide the issue of mesne profits afresh in accordance with law and after considering the relevant documents which may be placed on the record by both the parties. 7.

Revision petition stands disposed off accordingly. Pending applications, if any, also stand disposed off. 23.07.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2024.07.24 09:29 I attest to the accuracy and integrity of this document