Need Evidence To Ascertain Rent, Can't Do Guess Work To Calculate Mense Profit: Delhi High Court

The Delhi High Court has held that coming to a figure which might be the rent of an area on its own, without any material, is not permissible in law.Justice Subramonium Prasad said mere guess work in thin air is no evidence and cannot be used to ascertain rent.“Mere guess work cannot be used for ascertaining the rent. This Court cannot make a guess work in thin air. Guess work cannot take the form of evidence. Coming to a figure which might be the rent of the area on its own without any material is not permissible in law. Thus, in the absence of any evidence, either oral or documentary, this Court is not in a position to calculate any mesne profits,” the Court said. It rejected a suit filed by two individuals seeking possession and mesne profits or damages from another individual in respect of a flat having three floors with lawn and terrace and four servant quarters. Rejecting the suit, the Court said that the landlord is entitled to the mesne profits against a tenant who continues to stay in the tenanted premises after the termination of the tenancy. It added that the amount which a landlord is entitled to receive on the termination of tenancy is the amount which the premises can fetch if let out on rent during the period of its illegal occupation by the tenant.Observing that the Plaintiffs had not led any evidence with respect to rent of similar premises within the locality, the Court said:“….the Plaintiffs in the present case have not presented any evidence to show that the said amount of mesne profits claimed is as per the prevailing market rate of rent in the same locality in respect of similar portions.”Justice Prasad concluded that in the absence of any evidence to ascertain the mesne profit, the Court cannot calculate the amount to be awarded mesne profit on its own. Therefore, the claim of mesne profits cannot be granted. The relief for possession already stands decreed vide Judgment dated 03.05.2016. The relief for mesne profits is rejected,” the Court said. Counsel for Plaintiffs: Mr. Abhishek Aggarwal, AdvocateCounsel for Defendant: Mr. Aniruddh Sharma and Ms. Pratibha Bhadoria, AdvocatesTitle: SARVINDER SINGH & ANR v. VIPUL TANDONCitation: 2025 LiveLaw (Del) 790Click here to read order

Need Evidence To Ascertain Rent, Can't Do Guess Work To Calculate Mense Profit: Delhi High Court

Nupur Thapliyal

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