NANAK RAM Vs. JEET MAL

JUDGEMENT

(1.) Today the matters come up on two applications. One (No.23159 dtd. 25/7/2017) filed by the respondents-plaintiffs (for short, 'the plaintiffs') under Order 41 Rule 5 read with Sec. 151 of CPC for grant of mesne profit @ of Rs.40,000.00 per month, and two (No.l dtd. 1/3/2021) for being heard on the application for mesne profit.

(2.) The Co-ordinate Bench of this Court vide order dtd. 4/4/2008 directed that the status-quo as exists today shall be maintained by the parties so far as suit property is concerned. Thereafter, the plaintiffs filed an application under Order 41 Rule 5 read with Sec. 151 of CPC for grant of mesne profit @ Rs.40,000.00 per month. To substantiate their claim, the plaintiffs have produced copies of lease deeds executed by Amit Kumar Soni and Smt. Lajwanti Soni in favour of Punjab National Bank, lease deed executed by Ravi Mohan Mangal in favour of Canara Bank along with site plan, and rent deed executed by Smt. Umrao Kanwar Bharkatiya in favour of State Bank of India along with site plan.

(3.) It is submitted by learned counsel for the plaintiffs that property in question is situated at Dargah Bazar Ajmer and its area is 240 Sq. Ft., for which the rental value is more than Rs.40,000.00 per month. It is also submitted that the both the Courts below have passed the decree of eviction against the appellants-defendants (for short, 'the defendants') and therefore the defendants are in wrongful possession of the property in question. He further submits that looking to the price escalation of each and every commodity and inflation of money value, the rental premises can fetch the rent @ Rs.40,000.00 per month. He further submits that since the appeal has already been admitted, stay has been granted and the disposal of the appeal may take considerable time, the plaintiffs are required to be compensated equitably by the defendants, who are in use and occupation of the property in question. The plaintiffs are thus entitled to get the mesne profit at the prevailing market rate in the area. In support of his contentions, he has placed reliance on the judgment of the Hon'ble Apex Court in the case of M/s Atma Ram properties (P) Limited Vs. M/s Federal Motors Pvt. Limited - 2005 (1) SRJ 320.