JARNAIL SINGH Vs. VIJAY LAXMI

JUDGEMENT

(1.) THIS appeal has been preferred by defendants 1 and 2 against the order passed by the learned Single Judge in OMP No.290 of 2011, application filed under Section 151 of the Code of Civil Procedure (hereinafter referred to as the CPC) calling upon the defendants to deposit mesne profit for the suit premises. The Hon'ble Single Judge holds that for the period up to the filing of the suit i.e. 27.9.2009, a sum of Rs.25,00,000/ - be deposited by the defendants, and thereafter, up to September, 2012 a sum of Rs.50,00,000/ - shall be deposited by the defendants which will be adjusted against the suit amount.

(2.) IT is contended before us that the amount awarded by way of interim relief exceeds the suit amount which is Rs.43,66,000/ -; defendants disputed even this amount. Before adverting to the submissions made by learned counsel appearing for the parties, we note that preliminary objection has been urged on behalf of the plaintiffs/respondents that this appeal is not main tainable the order appealed being interlocutory. It is contended by learned counsel appearing for the plaintiffs/respondents that the appeal is not maintainable for the reasons that the order passed is interlocutory in nature and is not a case decided within the meaning of Clause 10 of the Letters Patent. Learned counsel placed reliance upon the decision in M/s I.T.C. Ltd., versus M/s Bhatia Brothers and others, AIR 1979 Punjab and Haryana 191 holding:

(3.) RELIANCE was also placed by learned counsel appearing for the respondents upon the decision in Begum Aftab Zamani versus Shri Lal Chand Khanna, AIR 1969 Delhi 85 holding : -