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2025 DAILYLAW 19672 (PNJ)

KARTAR KAUR AND ORS v. AMBESH PANDEY

CR/724/2025 · 2025-09-02

Vikas Bahl

body2025

Judgment text

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CR Nos.724, 725, 727 & 752 of 2025 [1] 341 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CR-724-2025 Date of decision: 02.09.2025 Kartar Kaur and others ...Petitioners Versus Ambesh Pandey ...Respondent 2. CR-725-2025 Date of decision: 02.09.2025 Kartar Kaur and others ...Petitioners Versus Ambesh Pandey ...Respondent 3. CR-727-2025 Date of decision: 02.09.2025 Kartar Kaur and others ...Petitioners Versus Ambesh Pandey ...Respondent 4. CR-752-2025 Date of decision: 02.09.2025 Kartar Kaur and others ...Petitioners Versus Ambesh Pandey ...Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Manuj Nagrath, Advocate for the petitioners (In all revision petitions) Mr. Sudhir Paruthi, Advocate for the respondent (In all revision petitions) **** PAWAN KUMAR 2025.09.04 18:07 I attest to the accuracy and authenticity of this document CR Nos.724, 725, 727 & 752 of 2025 [2] VIKAS BAHL, J. (ORAL) 1. This order would dispose of abovesaid four revision petitions filed by the landlords seeking enhancement of the mesne profits which have been assessed vide the impugned orders. 2. On 20.08.2025, this Court had passed the following order in bunch of cases which included the present four revision petitions:- “CR-721-2025; CR-722-2025; CR-724-2025; CR-725-2025; CR-726- 2025; CR-727-2025; CR-736-2025; CR-742-2025; CR-508-2025 (O&M); CR-734-2025; CR-740-2025; CR-747-2025; CR-752-2025; CR-1032- 2025; CR-1034-2025; CR-1055-2025; CR-480-2025 (O&M) & CR-1053- 2025 KARTAR KAUR AND ORS VS DARSHAN SINGH Present:- Mr. Manuj Nagrath, Advocate for the petitioners/landlords in (CR-721-2025; CR-722-2025; CR-724-2025; CR-725- 2025; CR-726-2025; CR-727-2025; CR-736-2025; CR- 742-2025; CR-747-2025; CR-752-2025 and CR-1053- 2025) and for the respondents/landlords in (CR-508-2025; CR-734-2025; CR-740-2025; CR-1032-2025; CR-1034- 2025; CR-1055-2025; and CR-480-2025). Mr. Sudhir Paruthi, Advocate for the petitioner/tenant in (CR-508-2025; CR-1032-2025; CR-1034-2025; CR-1055- 2025; and CR-480-2025) and for the respondent/tenant in (CR-721-2025; CR-722-2025; CR-724-2025; CR-725- 2025; CR-726-2025; CR-727-2025; CR-747-2025 and CR- 752-2025). Mr. Vishal Aggarwal, Advocate, Mr. M.S. Rai, Advocate, and Mr. G.S. Sarao, Advocate for the petitioner/tenant in (CR-734-2025 and CR-740- 2025) and for the respondent/tenant in (CR-736-2025 and CR-742-2025). Mr. Amardeep Singh Gill, Advocate for the respondent/tenant in (CR-1053-2025). *** With the consent of all the counsel, CR-721-2025 would be taken PAWAN KUMAR 2025.09.04 18:07 I attest to the accuracy and authenticity of this document CR Nos.724, 725, 727 & 752 of 2025 [3] as the lead case. Mr. Sudhir Paruthi, Advocate, appearing for the tenants prays for an adjournment to argue the matters. Learned counsel appearing for the landlords has pointed out that although in one of the cases i.e. CR-734-2025, the amount deposited as mesne profit has been ordered to be released to the landlords with a condition that in case the tenant succeeds in the appeal, then, the said amount released to the landlords would be adjusted in the future rent. It is submitted that however in the other cases, no such order has been passed. It is prayed that in all the cases, the said order be passed so that the amount of mesne profits which has already been deposited and is being deposited by the tenants every month is released to the landlords subject to the above-said condition. Learned counsel appearing for the tenants have no objection to the said course of action but have submitted that it be clarified that in case the tenants succeeds in the appeal, then, the amount paid as mesne profit would be adjusted in future admitted rent. Adjourned to 01.09.2025. The amount of mesne profit deposited by the tenants in each of the cases would be released to the landlords. The tenants would henceforth pay the mesne profit to the landlords every month. In case the appeal filed by the tenants against the order of eviction is allowed and the eviction order is set aside, then, the mesne profit already paid or to be paid in future in compliance to the present order would be adjusted in the future rent. The landlords would furnish the bank account number within a period of one week from today to each of the tenants and the deposit by the tenants in the said account number would be considered to be due compliance of the present order. It is made clear that no further adjournment shall be granted in the present cases. To be taken up at 1:45 P.M. A photocopy of this order be placed on the file of other connected cases. August 20, 2025” 3. Learned counsel for the petitioners has submitted that the petitioners would only make a limited prayer in the present case which is to PAWAN KUMAR 2025.09.04 18:07 I attest to the accuracy and authenticity of this document CR Nos.724, 725, 727 & 752 of 2025 [4] the extent that the amounts of mesne profits which have been assessed by the Appellate Authority be upheld but the said amounts be paid to the landlords instead of tenant depositing the same. 4. Learned counsel for the respondent-tenant has submitted that he has no objection to the same. It is submitted that in case, the tenant succeeds in the appeals, then, the amounts paid as mesne profits should be adjusted in the admitted future rent. 5. Keeping in view the abovesaid facts and circumstances and the consensus arrived at between the parties, the present revision petitions are disposed of by observing that the impugned orders are upheld and the amounts of mesne profits, if any, deposited by the respondent-tenant would be released to the landlords/petitioners and the tenant would henceforth pay the mesne profits to the landlords/petitioners every month. In case, the appeals filed by the tenant against the order of eviction are allowed and the eviction orders are set aside, then, the mesne profits already paid or to be paid in future, in compliance to the present order would be adjusted in the future rent. Since, Kartar Kaur, one of the landlord/landlady, is stated to be 91 years of age, the First Appellate Authority is requested to decide the appeals as expeditiously as possible. All the counsel concerned are also requested to fully assist the First Appellate Court in deciding the appeals as expeditiously as possible. 02.09.2025 (VIKAS BAHL) Pawan JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2025.09.04 18:07 I attest to the accuracy and authenticity of this document