Usha Rani Sapra, Now Deceased, Through Her Legal Heirs v. Pankaj Jain And Another

2023:PHHC:154905

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CR No.7298 of 2023 Date of Decision: 05.12.2023 Usha Rani Sapra (deceased) through her LRs .....Revisionists-Petitioners.

Versus

Pankaj Jain and another .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Kapil Aggarwal, Advocate for the revisionists-petitioners.

MEENAKSHI I. MEHTA, J. (Oral) By filing the instant revision petition under Article 227 of the Constitution of India, the LRs of the petitioner-landlady (since deceased) have sought the indulgence of this Court for the issuance of direction to the Appellate Authority/Additional District Judge, Ambala, to decide the Rent Appeal No.29 of 2022 titled as 'Pankaj Jain and another Vs. Usha Rani Sapra through LRs', along-with the application (Annexure P-3) as moved by them (LRs) for claiming the mesne profits, while averring that LR No.1 is an aged person and he as well as the other LRs of the landlady are facing great hardship because of being deprived from using their own property, i.e the disputed premises, despite an eviction order having been passed against the respondents-tenants in respect thereof and moreover, they (LRs) have not yet been granted the mesne profits qua the afore-said premises. YAG DUTT 2023.12.11 10.22 I attest to the accuracy and authenticity of this order/judgement

CR No.7298 of 2023 -22023:PHHC:154905 2.

I have heard learned counsel for the LRs of the petitionerlandlady in the present revision petition, at the preliminary stage and have also perused the file carefully.

3.

Keeping in view the facts that LR No.1 is an old person, aged about 79 years and even the above-mentioned application, as moved by the LRs of the petitioner-landlady with the prayer to direct the respondentstenants to pay the mesne profits to them (LRs), is still pending adjudication and without commenting or expressing any opinion on the merits of the afore-referred application as well as the Rent Appeal, the revision petition in hand is, hereby, disposed of with a direction to the concerned Appellate Authority to decide the above-said application (Annexure P-3) and also the Rent Appeal under reference, in accordance with law, up to 29.02.2024. (MEENAKSHI I. MEHTA) December 05, 2023 JUDGE Yag Dutt Whether speaking/reasoned:

Yes Whether Reportable:

No YAG DUTT 2023.12.11 10.22 I attest to the accuracy and authenticity of this order/judgement