Suraj Pal v. R.K. Gaba

R.S.A.No.893 of 2011(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.893 of 2011(O&M) Date of Order: 14.09.2017 Suraj Pal ..Appellant

Versus

R.K.Gupta ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Sachin Mittal, Advocate, for the appellant.

Mr. Chirag Wadhwa, Advocate, for the respondent.

ANIL KSHETARPAL, J(Oral) Defendant no.1 is in regular second appeal against concurrent findings of fact arrived at by the Courts below. Plaintiff filed a suit for possession by way of eviction of tenant and for recovery of mense profit.

It is undisputed that during the pendency of the suit, the suit premises was evicted and possession was taken over by the plaintiff. Now the limited issue before me is whether the mense profit/rent fixed by the Court @ Rs.2400/- per month are reasonable or not? Defendant no.1 had pleaded that the amount stands paid. A receipt was produced but it was not proved on the file. Premises is a residential house. The Courts have assessed a reasonable rent/mense profit, which is not arbitrary. In view of the aforesaid discussion, I do not find any good ground to interfere with the concurrent findings of fact arrived at by the Naresh Kumar 2017.09.20 15:31 I attest to the accuracy and integrity of this document Chandigarh

R.S.A.No.893 of 2011(O&M) -2Courts below. The Regular Second Appeal is ordered to be dismissed. September 14, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.09.20 15:31 I attest to the accuracy and integrity of this document Chandigarh