Mahaveer S/O Shri Balu Ram vs Mahendra Mangal S/O Shri Krishan ...
2023 Latest Caselaw 226 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 706/2018

Mahaveer S/o Shri Balu Ram, Aged About 57 Years, R/o Deoli,
Distt. Tonk (Raj.)
                                                                   ----Appellant
                                   Versus
1.      Mahendra Mangal S/o Shri Krishan Murari Mangal, Aged
        About 52 Years, R/o Opposite Bawri Balaji, Krishna
        Market, Deoli, Teh. Deoli, Tonk
2.      Rajesh S/o Shri Krishan Murari Mangal, Aged About 42
        Years, R/o Opposite Bawri Balaji, Krishna Market, Deoli,
        Teh. Deoli, Tonk
                                                                ----Respondents

For Appellant(s)          :    Mr. Vikas Kabra, Adv.
For Respondent(s)         :    Mr. Mohd. Adil, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

09/01/2023

Heard.

Admit.

Since the respondents are duly represented by their counsel,

hence, fresh notice need not be issued to them. Learned counsel

for the respondents has filed an application (IA No.1/2021) under

Order 41 Rule 5 read with Section 151 CPC for grant of mesne

profit to the respondents-plaintiffs.

By this order, application (IA No.1/2021) under Order 41

Rule 5 read with Section 151 CPC for grant of mesne profit as well

as of stay application, both are being decided simultaneously.

It is submitted by the learned counsel for the respondents

that shop in question is located near Bus Stand Deoli, District

Tonk. Respondents had filed the suit of eviction and recovery of

(2 of 3) [CFA-706/2018]

rent which was decreed in favour of the respondents vide

impugned judgment dated 09.05.2018. Learned counsel for the

respondents also submits that appellant has assailed the

impugned judgment and decree for eviction by way of instant

appeal. Learned counsel for the respondents also submits that

during the appeal, respondents are entitled to get mesne profit.

Learned counsel for the respondents also submits that as per the

location of the rented premise, which is situated nearby Bus

Stand, Deoli, its commercial use for the business purposes and as

per the size of the suit property, rented premises can fetch mesne

profit atleast Rs.25,000/- per month. Learned counsel for the

respondents also submits that respondents have filed the

rejoinder to the reply to the application for grant of mesne profit

in which it was clearly stated that adjoining the rented shop,

another shop was taken on rent by tenant Rakesh Kumar Goyal at

the rate of Rs.22,000/- per month from the date of 02.01.2023

and he has executed the rent note. So, it is just and proper to

grant mesne profit at the rate of Rs.25,000/- per month during

the pendency of the appeal in the instant case.

Learned counsel for the appellant has opposed the

arguments advanced by the learned counsel for the respondents

and submitted that in the eviction suit, respondents have claimed

the rent Rs.1,500/- per month but trial Court has decided the said

issue against the respondents and ordered Rs.80/- per month as a

rent for disputed premises. Learned counsel for the appellant also

submitted that respondents have filed the valuation regarding suit

properties in which valuer has clearly stated that disputed

property can fetch only Rs.7,271/- as per month rent. So, rent be

determined accordingly.

(3 of 3) [CFA-706/2018]

I have considered the arguments advanced by learned

counsel for the respondents as well as learned counsel for the

appellant.

Looking to the overall facts and circumstances of the case,

application filed by the respondents (IA No.1/2021) deserves to be

allowed and in view of the above, it would be reasonable to fix the

mesne profit of Rs.8,000/- per month from the date of decree, till

disposal of the appeal. All arrears of the mesne profit upto

December, 2022, shall be deposited by the appellant in the bank

account of respondents within a period of 3 months from today.

Respondents shall supply their bank account details to the

appellant within 7 days. It is made clear that from the month of

January, 2023, from today the appellant shall deposit the mesne

profit at the same rate by 15 th of every succeeding month in the

bank account of respondents.

On doing so, operation/execution of impugned judgment

decree dated 09.05.2018 passed by the trial court shall remain

stayed.

However, in case, the appellant fails to deposit the amount

of mesne profit in the bank account of respondents, as directed

above consequently for four months, the respondents shall be free

to execute the decree without further reference to the Court. The

stay application No.3023/2018 and application (IA No.1/2021)

under Order 41 Rule 5 read with Section 151 CPC for grant of

mesne profit, both stand disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Seema/19

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