BHUPENDRA KANT BHARDWAJ Vs. RAMESHCHANDRA GOYAL

JUDGEMENT

(1.) Arguments were heard on I.A. No. 5149/2011 which is filed under Order 41, Rule 5 of the Code of Civil Procedure, 1908 by the appellants/tenants seeking stay of the operation of the impugned judgment and decree dated 3rd November, 2011 in a civil suit instituted by the plaintiff/respondent against appellants for eviction and arrears of rent with mesne profit. Learned counsel for the appellants contended that under the garb of the impugned decree, the plaintiff/respondent is bent upon to dispossess the appellants from the suit premises wherein they are running business and also residing in first floor of the building. It is submitted that if the operation of the impugned judgment and decree is not stayed, the appellants shall suffer irreparable loss which cannot be compensated in any manner and the purpose of filing the appeal would be frustrated. Hence, by the aforesaid application, the operation of the impugned judgment and decree is sought to be stayed till pendency of the appeal.

(2.) In response to the application, the respondent/plaintiff contented that the appellants are enjoying the constructed area about 3000 square feet for their business in busy commercial market in the town of Gwalior City. They are further utilising 3000 square feet area for their residence on the first floor of the building and 3000 square feet area of the roof of the building but in turn they are paying meagre amount of Rs. 350/- as monthly rent to the landlord/respondent. On the other hand, the landlord/respondent is paying Rs. 7999/- as property tax to the Municipal Corporation. It is submitted that as per market price of the area in question, at present rent of Rs. 25,000/- cannot be denied. Giving an example of one Shri Shyam Agrawal and Smt. Rekha Agrawal who are landlords of the adjoining building it is stated that they are getting Rs. 39,600/- as monthly rent from tenant Dena Bank. Therefore, it is prayed that the application under consideration in such circumstances is liable to be dismissed or in alternative the appellants may be directed to deposit Rs. 25,000/- as monthly mesne profits of the building till their possession over the rented premises. In support of his arguments, learned counsel placed reliance on the following judgments of Hon'ble Apex Court as well as this Court. They are:--

(3.) Before going further into a discussion of the questions that arise, the relevant provisions of law may be summarised which are as follows:--