AJAY TEWARI,J. - (1.) This revision petition has been filed against the order dated 23.03.2016 passed by the Appellate Authority fixing mesne profits @ Rs. 1,50,000/- per month for the shop in dispute.
(2.) The first argument of learned counsel for the petitioners is that once there was an existing escalation clause in a subsisting lease deed the mesne profits could not have been computed at a figure higher thereto, more so when the legal ground which is being pressed before the Appellate Authority is that a petition for eviction on the ground of personal necessity could not have been filed prior to the end of the contractual period in view of the provisions of Section 13(3)(iv) of the East Punjab Urban Rent Restriction Act.
(3.) On the other hand learned counsel for the respondent-landlord urges that once the relationship of landlord and tenant has come to an end by decree of eviction there can be no falling back on the terms of the lease deed for fixation of mesne profits. He has relied upon the judgment of the Hon'ble Supreme Court in the matter of M/s Atma Ram Properties (P) Ltd. v. M/s Federal Motors Pvt. Ltd., reported as 2005 (1) R.C.R (Rent) 1, wherein their Lordships in paragraph No. 18 sub-para (2) held as follows:- "18. To sum up, our conclusions are :- (2) in case of premises governed by the provisions of the Delhi Rent Control Act, 1958, in view of the definition of tenant contained in clause (l) of Section 2 of the Act, the tenancy does not stand terminated merely by its termination under the general law; it terminates with the passing of the decree for eviction. With effect from that date, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises and earn rent if the tenant would have vacated the premises. The landlord is not bound by the contractual rate of rent effective for the period preceding the date of the decree;" ;