RISAAL SINGH Vs. MADAN MOHAN KISHAN WALI

JUDGEMENT

(1.) Heard Mr. Arvind Vashistha, learned Senior Advocate assisted by Mr. Vivek Pathak, learned counsel for the appellant and Mr. Siddhartha Singh, learned counsel for the respondents on Stay Application (No. 12354 of 2019).

(2.) Mr. Arvind Vashistha, learned Senior Advocate, submitted that the Trial Court has fixed Rs.10,000.00 (Rupees Ten Thousand) per month as mesne profit without appreciation of evidence. He further submitted that the building, whose rent is more than Rs.2,000.00 (Rupees Two Thousand) per month, stood exempted from the applicability of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (as applicable in the State of Uttarakhand) (in short, "the Act, 1972") by virtue of Sec. 2 (1) (g) of the Act, 1972.

(3.) Mr. Arvind Vashistha, learned Senior Advocate, further submitted that according to the plaint, an application was given by the respondents-plaintiffs to the District Magistrate under Sec. 16 of the Act, 1972, and it is specifically stated in the plaint that the provisions of the said Act, 1972 are applicable in the present matter, from which, it is clear that in the present matter, provisions of the Act, 1972 apply, therefore, the revisionist-defendant is ready to deposit the maximum rent i.e. Rs.2,000.00 per month as mesne profit from the date of the institution of the Original Suit No. 140 of 2011 within four weeks without prejudice to rights of the revisionist.