Dayashankar Joshi vs Smt. Payal Devi (2025:Rj-Jd:5040)
2025 Latest Caselaw 5412 Raj

Rajasthan High Court - Jodhpur

Dayashankar Joshi vs Smt. Payal Devi (2025:Rj-Jd:5040) on 27 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:5040]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 21387/2024

1.       Dayashankar Joshi S/o Goverdhanlal, Aged About 56
         Years, Nathuwas, Tehsil Nathdwara, District Rajsamand.
2.       Shree      Om     Optical,      Naya       Road,      Nathdwara,    District
         Rajsamand.
                                                                      ----Petitioners
                                        Versus
Smt. Payal Devi W/o Bhagwatilal, Aged About 55 Years, Naya
Road, Nathdwara, Tehsil Nathdwara, District Rajsamand.
                                                                     ----Respondent


For Petitioner(s)             :     Mr. Vineet Dave
For Respondent(s)             :     Mr. Kuldeep Purohit



              HON'BLE MS. JUSTICE REKHA BORANA

Order

27/01/2025

1. The present writ petition has been filed against the order

dated 29.11.2024 passed by the learned Additional District Judge,

Nathdwara in Civil Case No.61/2024 whereby the application for

staying the proceedings in the appeal as filed on behalf of the

appellant-judgment-debtor stood partly allowed.

Vide the order impugned, the learned appellate court stayed

the execution of the judgment and decree dated 25.09.2024

passed by Senior Civil Judge, Nathdwara with a condition that the

appellant-tenant shall deposit the complete arrears of rent as

determined vide the judgment and further, continue to pay the

mesne profit to the landlord in terms of the decree.

[2025:RJ-JD:5040] (2 of 3) [CW-21387/2024]

2. Counsel for the petitioner submits that the learned trial Court

erroneously determined the mesne profit @ Rs.15,000/- per

month without there being any evidence on record qua the same.

3. Per contra counsel for the respondent-landlord submits that

the conditional order as passed by the learned appellate Court is

in consonance with law. Counsel further submits that the

petitioner-tenant has not paid a single penny qua rent/mesne

profit since the year 2006.

4. Heard counsel for the parties and perused the record.

5. After arguing for some time, counsel for the petitioner fairly

undertakes on behalf of the petitioner to pay the complete

decreetal amount qua arrears of rent within a period of one month

from now. He, while reserving his right to contest the ground in

appeal and subject to the decision in appeal, submits that the

petitioner shall continue to pay the mesne profit @ Rs.7,500/- per

month with effect from 19.11.2010.

6. Counsel for the respondent-landlord does not object to the

above proposal.

7. In view of the submissions made, the present writ petition is

disposed of with a direction to the petitioner-tenant to pay the

complete decreetal amount of Rs.2,16,000/- (qua arrears of rent)

to the respondent-landlord within a period of one month from

now. The petitioner shall also be under an obligation to pay the

arrears qua mesne profit @ Rs.7,500/- per month w.e.f.

19.11.2010 within a period of three months. The petitioner shall

further be under an obligation to continue to pay the mesne profit

to the respondent-landlord @ Rs.7,500/- per month.

[2025:RJ-JD:5040] (3 of 3) [CW-21387/2024]

8. The order impugned dated 29.11.2024 is modified to the

above extent.

9. It is made clear that if the amount as aforementioned is not

paid within the stipulated period, the respondent-landlord shall be

at liberty to get the decree in question executed forthwith.

10. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 535-praveen/-

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