LAWS(DLH)-2018-8-341

RAJIV JAIN Vs. SHASHI BHATNAGAR

Decided On August 21, 2018
RAJIV JAIN Appellant
V/S
Shashi Bhatnagar Respondents

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 25.7.2017 by which the trial court has decreed the suit for possession and mesne profits filed by the respondent/plaintiff.

(2.) I may note that this appeal was only pressed with respect to rate of mesne profits and appellant/defendant agreed to vacate the suit premises on or before 30.9.2017. This order dated 4.9.2017 reads as under:-

(3.) No doubt, evidence has to be led with respect to rate of rent, however, Courts have taken judicial notice of increase of rent and in fact this Court in the judgment in the case of M.C. Agarwal HUF Vs. M/s Sahara India & Ors., (2011) 183 DLT 105 has held that courts will be entitled to grant 10% yearly cumulative increase from the last rate of rent which is paid. Therefore, issue with respect to the rate of mesne profits will be examined at the time of disposal of this first appeal and since the decree is a money decree, money decree cannot be stayed except on furnishing a security to the satisfaction of this Court under Order 41 Rule 5 CPC, and therefore, operation of the impugned judgment is stayed subject to the appellant depositing the decretal amount in this Court within a period of four weeks from today.