HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13968/2019
Brijmohan @ Brijraj S/o Onkar Lal, R/o K.k. Katla, Khari Bazar,
Gangapur City, District Sawaimadhopur.
----Petitioner
Versus
Chemali Devi Wife Of Late Kistoor Chandm, Resident Of K.k.
Katla, Khari Bazar, Gangapur City, District Sawaimadhopur.
----Respondent
For Petitioner(s) : Mr. D.K. Dixit
For Respondent(s) : Mr. Jinesh Jain
HON'BLE MR. JUSTICE SAMEER JAIN
Order
09/02/2022
1. Learned counsel for the petitioner submits that the plaintiff has filed a suit for injunction against the defendant. Learned Civil Judge, Gangapur City decreed the suit vide decree and judgment dated 08.04.2019, against which an appeal was preferred before the learned Additional District Judge, Gangapur City along with the application under Order 41 Rule 5 CPC. Learned Additional District Judge, Gangapur City vide order dated 27.05.2019 without any documentary evidence available on record fixed the unjust mesne profit as per the claim of the petitioner.
2. The petitioner has submitted that the mesne profit to the tune of Rs.5,000/- per month is too exaggerated and that in similarly situated tenant qua the same landlord infront of petitioner's shop, learned Appellate Court has directed to pay (Downloaded on 15/02/2022 at 09:00:22 PM) (2 of 2) [CW-13968/2019] Rs.3,000/- per month as mesne profit vide order dated 27.01.2020.
3. Per contra, learned counsel for the respondent submits that in a similar situation even Rs.8,000/- per month of rent is also fixed by the Appellate Court.
4. Looking to the factual disputes pertaining in the matter, this Court is not inclined to interfere in the quantum of mesne profit but in the interest of justice, this Court deems it appropriate to set aside the impugned order dated 27.05.2019 with the direction to the learned Appellate Court to decide the issue of mesne profit after hearing both the sides. The Appellate Court will not be prejudiced by the order of this Court with regard to increment or decrement of the mesne profit.
5. In the light of above, the writ petition is disposed of with the direction to the Appellate Court to decide the matter within a period of three months on the instant issue.
6. All the pending applications also stand disposed of.
(SAMEER JAIN),J Simple Kumawat /35 (Downloaded on 15/02/2022 at 09:00:22 PM) Powered by TCPDF (www.tcpdf.org)