Brijmohan @ Brijraj S/O Onkar Lal vs Chemali Devi Wife Of Late Kistoor ...
2022 Latest Caselaw 1401 Raj/2

       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

(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

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