Rajasthan High Court - Jodhpur
Ali Hassan vs Haji Adam (2024:Rj-Jd:37840) on 11 September, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:37840]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 640/2018
1. Ali Hassan S/o Shri Manzur Hassan, Aged About 60 Years,
B/c Qureshi, R/o Old Police Station, Vyapariyon Ka
Mohalla, Pipar City, District Jodhpur.
2. Abdul Majid S/o Shri Manzur Hassan, Aged About 55
Years, B/c Qureshi, R/o Old Police Station, Vyapariyon Ka
Mohalla, Pipar City, District Jodhpur.
----Appellants
Versus
1. Haji Adam S/o Shri Haji Nabi Baksh Ji, B/c Chhipa
Musalman, R/o Old Police Station, Vyapariyon Ka Mohalla,
Pipar City, District Jodhpur.
2. Usman Gani S/o Shri Haji Adam Ji, R/o Old Police Station,
Vyapariyon Ka Mohalla, Pipar City, District Jodhpur.
3. Mohammed Farook S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
4. Haji Mohammed S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
5. Mohammed Ayub S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
6. Mohammed Salim S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
----Respondents
For Appellant(s) : Mr. Narendra Thanvi
For Respondent(s) : Mr. I.R. Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
11/09/2024
The matter comes up on an application under Section 151
CPC filed by the Respondent No. 1 to 4 and 6 for awarding mesne
profits during pendency of the appeal.
[2024:RJ-JD:37840] (2 of 3) [CFA-640/2018]
Learned counsel for the applicant respondents submits that
the present first appeal has been filed by the appellants against
the judgment and decree dated 12.09.2018 passed by learned
Additional District Judge, Jodhpur District, in Civil Suit No.
07/2015 whereby, the suit filed by respondents for ejectment,
recovery of rent arrears and permanent injunction has been
decreed.
Counsel for the applicant respondents argued that this Court
vide order dated 04.01.2019 had stayed the execution of
impugned judgment and decree dated 12.09.2018 and said
interim order has also been made absolute till final disposal of
appeal. It is argued that from February, 2012 till date, the
appellants are enjoying the fruits of the shops in question and
have failed to pay rent to the respondents who is the landlord of
the shops, though the appellants deposited a sum of Rs. 8,000/-
during pendency of suit. Apart from said amount, no rent has
been paid to the respondents, therefore, directions may be issued
to the appellants to pay the mesne profits of the shops in question
at the rate of rent determined by the court below.
Per contra, counsel for the appellants argued that the rent of
shops in question was Rs.2,000/-, however, the respondents
started claiming rent @ Rs.4,000/- per month. It is submited that
this Court has admitted the appeal and stayed the operation of
decree, therefore, respondents could not claim monthly rent to be
Rs. 4,000/- instead of Rs.2,000/-. The appellants are ready and
willing to pay the arrears of rent @ Rs.2,000/- per month but the
respondents are refusing to accept the amount tendered by the
appellants.
[2024:RJ-JD:37840] (3 of 3) [CFA-640/2018]
I have heard learned counsel for the parties and carefully
gone through the material on record.
Admittedly, the learned court below has decreed the suit
filed by the respondents for ejectment, recovery of rent arrears
and permanent injunction directing the appellants to hand over
vacant possession of the premises with further direction to make
payment of rent w.e.f 01.08.2012 @ Rs.4,000/- per month, till its
vacation. This Court vide order dated 04.01.2019 had stayed the
execution of impugned decree dated 12.09.2018 and the interim
order has been made absolute till final decision of the appeal. It is
not disputed that the appellants are in joint tenancy of the shops
and it is also not disputed that the defendants have not paid rent
of shops since February, 2012. In the opinion of this Court, since
this Court vide order dated 04.01.2019 had stayed only the
execution of impugned decree dated 12.09.2018, whereas, the
appellants are in possession of the rent premises and enjoying its
fruits, therefore, this Court deems it proper to direct the
appellants to make payment of mesne profits @ Rs.4,000/- per
month, till final decision of the appeal or till handing over vacant
possession of the shops in question.
Accordingly, the application is allowed. The appellants are
directed to make payment of mesne profits @ Rs.4,000/- per
month to the respondents, till final decision of the appeal. The
arrears of mesne profits w.e.f February, 2012 till date, shall be
paid to the respondents within a period of six months.
(MANOJ KUMAR GARG),J
60-BJSH/-
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