CR-4061-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 156 CR-4061-2026 (O&M) Date of decision: 16.07.2026 Amit Sharma .… Petitioner Versus Ashwani Dhiman .… Respondent CORAM : HON’BLE MR. JUSTICE HARSH BUNGER ***** Present: Mr. Kapil Khanna, Advocate, for the petitioner. ***** HARSH BUNGER J. (ORAL) CM-12691-CII of 2026 Prayer in the present application is for placing on record the copy of petition under Section 13 of East Punjab Urban Restriction Act, 1949, written statement dated 14.08.2024 and certified copy of order dated 17.05.2025 passed by the learned Rent Controller, Jalandhar as Annexures P-6 to P-8 respectively. For the reasons mentioned in the application, the copy of petition under Section 13 of East Punjab Urban Restriction Act, 1949, written statement dated 14.08.2024 and certified copy of order dated 17.05.2025 passed by the learned Rent Controller, Jalandhar, are taken on record as Annexures P-6 to P-8 respectively, subject to all just exceptions. Application is accordingly disposed of. CR-4061-2026 (O&M) 1. Prayer in the present civil revision petition is for setting aside order dated 09.04.2026 (Annexure P-1) passed by the learned Appellate DINESH 2026.07.17 18:02 I attest to the accuracy and integrity of this document CR-4061-2026 (O&M) -2- Authority under the Rent Act; whereby the operation of the ejectment order dated 28.07.2025 (Annexure P-2) passed against the petitioner, has been stayed, subject to the petitioner paying the mesne profits as determined by the learned Appellate Authority. 2. Briefly, respondent-Ashwani Dhiman through his attorney filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the ‘Rent Act’) seeking eviction of the petitioner (Amit Sharma) from the shop in question. 3. The petitioner appeared in the aforesaid eviction proceedings and contested the same by filing his reply. 4. During the course of the trial of the aforesaid eviction petition, the learned Rent Controller assessed the provisional rent of the shop in question vide order dated 17.05.2025 and directed the petitioner to pay arrears of rent amounting to Rs.3,97,337/- on 15.07.2025. It appears that since the petitioner failed to pay the arrears of rent accordingly, the learned Rent Controller passed an eviction order dated 28.07.2025 (Annexure P-2) against the petitioner. 5. Feeling aggrieved against the eviction order dated 28.07.2025 (Annexure P-2), the petitioner preferred an appeal before the learned Appellate Authority under the Rent Act, alongwith an application for staying the operation of the eviction order. In the appeal, the respondent moved an application for determination of the mesne profits, in the light of the judgment rendered by the Hon’ble Supreme Court in case of State of Maharashtra and another vs. M/s Super Max International Pvt. Ltd. And DINESH 2026.07.17 18:02 I attest to the accuracy and integrity of this document CR-4061-2026 (O&M) -3- others, 2009(9) SCC 772, wherein it was held that in an appeal or revision preferred by a tenant against an order or decree of an eviction passed under the Rent Act, it is open to the learned Appellate Authority or the Revisional Court to stay the execution of the order or the decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent. 6. The learned Appellate Authority considered both the aforesaid applications i.e. one filed by the petitioner seeking stay on operation of eviction order and the other application filed by the respondent seeking determination of mesne profits. Both the aforesaid applications came to be decided vide a common order dated 09.04.2026 by observing as under: - “12. Considering the fact that provisional assessment of rent was made by ld. Rent Controller vide order dated 17.05.2025 by considering escalation clause till 14.05.2025 @ of Rs.11,130/- per month and in absence of any proof of prevailing rate of rent in vicinity, it would be reasonable and just, keeping in view the aforesaid facts to assess the mesne profit at the rate of Rs. 12,000/- per month. Accordingly, the appellant/tenant is directed to pay the arrears of rent as assessed by ld.Rent Controller till the date of ejectment and is ordered to pay mesne profit @ Rs.12,000/- per month within period of one month from today to the landlord or through his counsel in the Court of learned Rent Controller/Executing Court. He is also directed to pay future mesne profit every month before 10th of every calendar month. 13. Since the mesne profits is assessed by this Court today, hence application for staying the operation of impugned order under appeal is disposed off by observing that ejectment order passed by the learned Rent Contoller, which is under appeal is DINESH 2026.07.17 18:02 I attest to the accuracy and integrity of this document CR-4061-2026 (O&M) -4- ordered to be stayed till the decision of the appeal, but subject to payment to mesne profits. Accordingly, both the applications are disposed off. However, this order of mine shall have no bearing on the merits of main case. To come up on 29.08.2026 for arguments.” 7. In the aforementioned circumstances, the present civil revision petition has been filed before this Court. 8. Learned counsel for the petitioner submits that the amount of mesne profits assessed by the learned Appellate Court is excessive and therefore, order dated 09.04.2026 is liable to be modified. 9. I have considered the aforesaid contention raised on behalf of the petitioner and perused the paper-book with his able assistance. 10. Apparently, an eviction order dated 28.07.2025 (Annexure P-2) stands passed against the petitioner as he had failed to pay the arrears of rent amounting to Rs.3,97,337/-. The aforesaid amount of Rs.3,97,337/- had been determined on the basis of provisional rent assessed by the learned Rent Controller vide order dated 17.05.2025 @ Rs.11,130/- per month. 11. Evidently, the petitioner has challenged his eviction order by filing an appeal before the learned Appellate Authority under the Rent Act alongwith an application for stay. On the other hand, the respondent filed an application seeking determination of mesne profits in the light of the judgment rendered by the Hon’ble Supreme Court in case of M/s Super Max International Pvt. Ltd. (supra). The learned Appellate Authority decided both the applications vide impugned order dated 09.04.2026, whereby the mesne profits have been assessed @ Rs.12,000/- per month and the eviction DINESH 2026.07.17 18:02 I attest to the accuracy and integrity of this document CR-4061-2026 (O&M) -5- order has been stayed, subject to the petitioner paying the mesne profits. A perusal of the impugned order dated 09.04.2026 would show that while determining the mesne profits of the shop in question, the learned Appellate Authority took note of the fact that since the learned Rent Controller had determined the provisional rent @ Rs.11,130/- per month therefore, it would be reasonable and just to assess the mesne profits @ Rs.12,000/- per month. 12. Before this Court, learned counsel for the petitioner has failed to show any document reflecting the prevailing rent (as on date) in respect of the similar property in the vicinity of the shop in question. 13. In my considered view, since the provisional rent of the shop in question has been determined by the learned Rent Controller @ Rs.11,130/- per month and the petitioner having failed to refer to any material to indicate the prevailing rate of rent of a similar shop in the vicinity of the shop in question; by no stretch of any imagination, it can be held that the assessment of mesne profits @ Rs.12,000/- per month by the learned Appellate Authority under the Rent Act is either excessive or fanciful or punitive. 14. In view of the above, I find no merit in this present civil revision petition and the same is accordingly, dismissed. 15. All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 16.07.2026 JUDGE dinesh Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DINESH 2026.07.17 18:02 I attest to the accuracy and integrity of this document