Vaid Shri Devendra Prasad Bhatt ... vs Smt. Lekha Bhatt W/O Late Dr. Ishan ...
2023 Latest Caselaw 1760 Raj/2

[2023/RJJP/001524]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                     S.B. Civil First Appeal No. 278/2019

1.       Vaid Shri Devendra Prasad Bhatt S/o Late Shri Narhari
         Bhatt, B/c Brahmin R/o Mandir Shri Dwarikadish Ji Chaura
         Rasta, Jaipur (Deceased) Through Legal Representatives
2.       Kirtishekhar S/o Late Shri Devendra Prasad Bhatt, B/c
         Brahmin R/o Mandir Shri Dwarikadish Ji Chaura Rasta,
         Jaipur
                                                                      ----Appellants
                                       Versus
1.       Smt. Lekha Bhatt W/o Late Dr. Ishan Chand Bhatt, B/c
         Brahmin Resident Of 10/555, Kaveri Path, Mansarovar,
         Jaipur
2.       Prateek Bhatt S/o Late Dr. Ishan Chand Bhatt, B/c
         Brahmin Resident Of 10/555, Kaveri Path, Mansarovar,
         Jaipur
3.       Ambrish Bhatt S/o Late Dr. Ishan Bhatt, B/c Brahmin
         Resident Of 10/555, Kaveri Path, Mansarovar, Jaipur
4.       Rajeshwar S/o Late Shri Devendra Prasad Bhatt, B/c
         Brahmin Resident Of House No. 503, Opp. Shaillo Ki Gali,
         Gangapuri Bazar, Jaipur
5.       Smt. Pratibha Dixit W/o Shri Rajendra Dixit D/o Late Vaid
         Shri Devendra Prasad Bhatt, Resident Of L-42, Sattelite
         Park, Jodhpur Char Rasta, Ahmedabad, Gujrat
6.       Smt. Jaimala W/o Shri Hitesh Gupta D/o Late Vaid
         Devendra Prasad Bhatt, Resident Of 23, Arvind Park, Tonk
         Road, Near Central School, Jaipur (4, 5 And 6 Are Legal
         Representatives Of Defendant No. 1-Vaid Shri Devendra
         Prasad Bhatt S/o Late Shri Narhari Bhatt)
                                                                    ----Respondents

For Appellant(s) : Mr. R. K. Agarwal, Senior Adv.

assisted by Mr. Adhiraj Modi, Adv.

For Respondent(s) : Mr. G. P. Sharma, Adv. with Mr. Mahesh Chand Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

[2023/RJJP/001524] (2 of 4) [CFA-278/2019]

ORDER RESERVED ON :: 03.02.2023

ORDER PRONOUNCED ON :: 07.02.2023

This order disposes of the application under Order 20

Rule 12 read with Section 151 CPC read with Order 41 Rule 5 CPC

for grant of mesne profit filed by the respondents (for short 'the

plaintiffs).

Learned counsel for the plaintiffs submits that the

appellant-defendant (for short 'the defendant') filed the present

appeal against the judgment dated 09.01.2019 passed by the

Additional Sessions Judge No.2, Jaipur Metropolitan in Civil Suit

No.114/2004 titled as "Smt. Lekha Bhatt & Ors. Vs. Vaidh

Devendra Prasad Bhatt & Ors.", whereby the suit for recovery of

possession and permanent injunction has been decreed filed by

the plaintiffs. Learned counsel for the plaintiffs further submits

that this court vide order dated 28.05.2019 deferred the matter

and stayed the execution of the decree dated 09.01.2019. Learned

counsel for the plaintiffs also submits that the defendant is

enjoying the suit property which is measuring 41 feet X 60 feet

total area 273 sq. yards situated at prime location of Jaipur City,

Tal Katora near Govind Dev Ji Temple. Learned counsel for the

plaintiffs further submits that due to interim order, the plaintiffs

have been resisted to execute the decree dated 09.01.2019 and

they have been deprived from the use and occupation of the

aforesaid property. Learned counsel for the plaintiffs further

submits that the disputed property can easily fetch the monthly

rent of Rs.73,000/- to 1,25,000/- per month because market

value of rent in the aforesaid locality is from 60,000/- to 80,000/-

per sq. yards. So, order be passed in favour of the plaintiffs for

[2023/RJJP/001524] (3 of 4) [CFA-278/2019]

mesne profit of the disputed property. If the defendant fails to pay

the mesne profit as per direction of this Court, interim order

passed in favour of the defendant be vacated.

Learned counsel for the plaintiffs has placed reliance

upon the judgment passed by the Hon'ble Apex Court in the case

of M/s. Martin & Harris Private Limited & Anr. Vs. Rajendra

Mehta & Ors. in Civil Appeal Nos.4646-47/2022 in SLP(C)

Nos.20243-44/2019 decided on 06.07.2022.

Learned counsel for the plaintiffs has also placed

reliance upon the judgment passed by this Court in the case of

Madan Singh (Deceased) through his legal representatives

Vs. Girdhari Das (Deceased) through his legal

representatives in S. B. Civil Miscellaneous Stay Application

No.4809/2018 in S. B. Civil Second Appeal No. 608/2018

decided on 19.09.2019.

Learned counsel for the defendant submits that the

interim order was passed by this court after hearing the

arguments and there is no landlord and tenant relation between

the defendant and the plaintiffs. So, application filed by the

plaintiffs is not maintainable.

Learned counsel for the defendant also submits that as

per order of the status quo, defendant is also not going to use the

suit property. Suit property is lying vacant. So, no ground for

granting the mesne profit has arisen. So, application filed by the

plaintiff be dismissed.

I have considered the arguments advanced by learned

counsel for the plaintiffs as well as learned counsel for the

defendant.

[2023/RJJP/001524] (4 of 4) [CFA-278/2019]

It is an admitted position that the defendant and the

plaintiffs have no landlord and tenant relationship. It is also an

admitted position that the suit property is not being used for

commercial purposes. So, in my considered opinion, at this stage,

no ground is made out for granting mesne profit. So, application

filed by the plaintiffs being devoid of merits is liable to be

dismissed, which stands dismissed accordingly.

(NARENDRA SINGH DHADDHA),J

Gourav/27

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