POKHARDAS Vs. GOVIND SHARAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE matter comes up for orders on Application No. 27730 filed by the plaintiff-respondents (landlord) under Order 41 Rule 5 read with Section 151 CPC for grant of mesne profits during pendency of the appeal.

(3.) THE brief relevant facts for the disposal of this application are that the plaintiff-respondents filed a suit for eviction and recovery of arrears of rent against the defendant-appellant under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as "the Act") on the ground off default in payment of rent and material alteration which was registered as Regular Civil Suit No. 577/1980 and the same was dismissed by the trial Court vide judgment and decree dated 15.7.2008. Against that decree, the respondents filed Civil Regular Appeal No. 68/2009 and the same was allowed by the Appellate Court vide judgment and decree dated 7.5.2011 and the suit for eviction was decreed. Against the judgment and decree passed by the Appellate Court, the present second appeal was filed and the same was admitted on 22.7.2011 and interim stay order was also passed on the same date. In these circumstances, the present application has come to be filed for grant of mesne profits. It is an admitted fact that during pendency of suit, the plaintiff-respondent filed a petition for revision of rent under Section 6 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the "New Act") and the same was allowed by the concerned Rent Tribunal vide order dated 9.12.2004 and the monthly rent of the suit shop was increased and revised to Rs.292/- per month.