SAWANOO RAM Vs. NATHU RAM

JUDGEMENT

(1.) The present application under Order 41 Rule 5 (3) read with Section 151 of the Code of Civil Procedure (hereafter referred to as the Code) has been preferred by the applicant/respondent/plaintiff (hereafter referred to as the applicant) averring therein that RSA No.432 of 1999 has been admitted for hearing by this Court and is to come up for final hearing. This Court has stayed the execution of the decree impugned in the appeal and the appeal is likely to take some time for its disposal, therefore, the applicant has prayed that means profits may be assessed and the respondents/appellants/defendants (hereafter referred to as the respondents) be directed to pay the means profits for the use and occupation of the suit land, a decree for possession whereof has been passed in his favour or in the alternative the appeal may be ordered to be listed for final hearing at an early date.

(2.) The application has been contested by the respondents on the grounds that it is not maintainable and means profits cannot be assessed by the Court in exercise of the inherent powers and in the absence of any material on record.

(3.) I had heard the learned counsel for the applicant and he learned counsel for the respondents and have also gone through the relevant records.