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Mar 31, 2009
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Chiranji Lal v. Kunwar Prasad and another AIR 1963 Allahabad 249
When a tenant refused to vacate the accommodation after his tenancy is terminated, he becomes trespasser and liable to pay the landlord mesne profits. These are to be assessed according to the reasonable market value of the premises. If the rent represents a fair value mesne profits may be assessed at the amount of the rent, but if the real value is higher than the rent, mesne profits must be assessed at a higher value. I cannot accept learned counsel's agreement that this value should be equal to the controlled rent and no more.
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