M/S Milan Communication Vs. M/S Milan Communication

M/S Milan Communication vs M/S Milan Communication

Type Court Judgment Court Punjab and Haryana Decided Feb 26, 2013

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https://sooperkanoon.com/case/1058056

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Citation: sooperkanoon.com/1058056
Court: Punjab and Haryana High Court
Decided On: Feb 26, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

M/S Milan Communication

Respondent

M/S Milan Communication

Excerpt

.....coram: hon'ble mr.justice jaswant singh present:- mr.chaman lal,advocate for the petitioner. jaswant singh,j(oral).the tenant is in revision under section 15(5) of the east punjab urban rent restriction act,1949 (for short the epurr act) assailing the order dated 8.8.2012 passed by the learned appellate authority, chandigarh whereby mesne profits for the demised premises comprising cabin no.1 in the basement of sco 126-127, sector 34-a, chandigarh have been assessed @ rs.18,500/- per month w.e.f.the date of ejectment order dated 10.9.2011. it is not disputed that the tenant has been ordered to be evicted from the aforesaid demised premises measuring 290 square feet vide order dated 10.9.2011 passed by the learned rent controller, chandigarh in the eviction petition filed by the landlord on the ground of personal necessity and non-payment of arrears of rent. it is also not in dispute that the tenant has filed an appeal wherein the learned appellate authority while staying the dispossession of the petitioner cr 598.o”2. granted mesne profits @ rs.18,500/- per month by relying on lease deed dated 1.8.2011 pertaining to an adjoining sco no.130-131, sector 34-a,chandigarh, whereby the ground floor has been let out @ rs.133/- per square feet. learned counsel for the petitioner/tenant has argued that the lease deed relied upon relates to ground floor with better civic amenities whereas the demised premises is located in the basement and thus the rate assessed is on the higher side. after hearing the learned counsel for the petitioner/tenant i find that the argument is wholly devoid of any merit. it cannot be disputed that the lease deed relied upon pertains to an adjoining sco and is most relevant in time, and further mesne profits have been assessed relatable to area in possession. it is also not in dispute that keeping in view the location of the demised premises the learned appellate authority has imposed a cut of 50% while arriving at the said rate.....

Full Judgment

CR 598.o”

1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR 5982/2012 Date of decision:26/02/2013 M/s Milan Communication .............Petitioner v.

M/s Teri Oat Estates Pvt.Ltd.............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Chaman Lal,Advocate for the petitioner.

Jaswant Singh,J(Oral).The tenant is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act,1949 (for short the EPURR Act) assailing the order dated 8.8.2012 passed by the learned Appellate Authority, Chandigarh whereby mesne profits for the demised premises comprising Cabin No.1 in the basement of SCO 126-127, Sector 34-A, Chandigarh have been assessed @ Rs.18,500/- per month w.e.f.the date of ejectment order dated 10.9.2011.

It is not disputed that the tenant has been ordered to be evicted from the aforesaid demised premises measuring 290 square feet vide order dated 10.9.2011 passed by the learned Rent Controller, Chandigarh in the eviction petition filed by the landlord on the ground of personal necessity and non-payment of arrears of rent.

It is also not in dispute that the tenant has filed an appeal wherein the learned Appellate Authority while staying the dispossession of the petitioner CR 598.o”

2. granted mesne profits @ Rs.18,500/- per month by relying on lease deed dated 1.8.2011 pertaining to an adjoining SCO No.130-131, Sector 34-A,Chandigarh, whereby the ground floor has been let out @ Rs.133/- per square feet.

Learned counsel for the petitioner/tenant has argued that the lease deed relied upon relates to ground floor with better civic amenities whereas the demised premises is located in the basement and thus the rate assessed is on the higher side.

After hearing the learned counsel for the petitioner/tenant I find that the argument is wholly devoid of any merit.

It cannot be disputed that the lease deed relied upon pertains to an adjoining SCO and is most relevant in time, and further mesne profits have been assessed relatable to area in possession.

It is also not in dispute that keeping in view the location of the demised premises the learned Appellate Authority has imposed a cut of 50% while arriving at the said rate of Rs.18,500/- per month in respect of 290 square feet.

Further, the petitioner/tenant has admittedly placed no documents or lease deed on record to show that the prevalent market rate is less.

Thus, I find no illegality in the impugned order.

Dismissed.

26.02.2013.

(Jaswant Singh) joshi Judge

Same Court & Year Punjab and Haryana · 2013 Same Parties M/S Milan Communication vs M/S Milan Communication Same Subject Land Acquisition