Mahesh Kumar S/O Shri Hari Narayan vs Haji Mehmood Rangrej S/O Haji ...
2022 Latest Caselaw 5556 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 380/2022

Mahesh Kumar S/o Shri Hari Narayan,
                                                      ----Appellant-Defendant
                                     Versus
Haji Mehmood Rangrej S/o Haji Aladeen & ors.
                                                     ----Respondent-Plaintiffs

For Appellant(s) : Mr. Keshav Kumar Agrawal For Respondent(s) : Mr. Rahul Agarwal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

05/08/2022

Appellant-defendant has preferred this first appeal assailing

the judgment and decree dated 27.05.2022 in Civil Suit

No.07/2021 (CIS NO.49/12) passed by the Additional District

Judge, Niwai (Raj.) for eviction and arrears of rent.

Learned counsel Mr. Rahul Agarwal has appeared as Caveator

on behalf of respondents No.1/1 to 1/4, 5/1 to 5/5 and 6.

Heard.

Admit.

Issue notice to remaining respondents.

Record of the trial court has already been summoned.

Heard on the stay application.

The rented shop is situated in Niwai and the trial court has

assessed the arrears of rent @ Rs.413/- per month.

Learned counsel for the appellant fairly submits that

appellant would deposit the decreetal amount, as directed by the

trial court in the impugned order within a period of four weeks and

would pay mesne profits @ Rs.2,000/- per month w.e.f. August,

(2 of 2) [CFA-380/2022]

2022 on wards, therefore, on such condition the execution of the

eviction decree be stayed.

Learned counsel for respondents submits that the mesne

profits of rented shop can be determined at the higher rate.

Having heard learned counsel for both parties and

considering the fact that the rented shop situated at Niwai is in

possession of the appellant, therefore, this Court deems it just

and proper to stay the execution of the decree for eviction during

pendency of this first appeal, subject to deposition of the decreetal

amount by the appellant within a period of four weeks from today

before the trial court and shall continue to pay the mesne profits

@ Rs.2,000/- per month w.e.f. August, 2022 on wards.

With the aforesaid, the stay application stands disposed of.

However, respondents are at liberty to move an application

for enhancement of mesne profits.

(SUDESH BANSAL),J

TN/24

Powered by TCPDF (www.tcpdf.org)