HEMRAJ LUNAWAT Vs. KISHAN LAL

JUDGEMENT

(1.) THE present petition has been filed challenging the interim order dated 5.4.12 passed by the Addl. District Judge No.5, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the appellate court') in Civil Regular Appeal No. 12/12 whereby the appellate court has stayed the judgment and decree of eviction passed by the trial court against the petitioner on the condition that the petitioner-defendant shall deposit Rs. 2450/- per month by way of mesne profits.

(2.) THE short facts giving rise to the present petition are that the respondent-plaintiff had filed the civil suit being No. 67/01 against the petitioner-defendant seeking eviction in respect of the property in question and for the recovery of the rent, before the Civil Judge (J.D.) West, Jaipur City, Jaipur(hereinafter referred to as 'the trial court'). THE said suit was decreed by the trial court vide the judgment and decree dated 1.12.11, by directing the petitioner-defendant to handover the vacant possession of the suit premises to the respondent-plaintiff and also to pay Rs. 2450/- per month by way of mesne profits till the possession was handed over. Being aggrieved by the said judgment and decree the petitioner-plaintiff has preferred the appeal before the appellate court. THE petitioner had also preferred the application seeking the stay of execution of the said decree pending the appeal, in which the appellate court has passed the impugned conditional order. Being aggrieved by the same, the petitioner has preferred the present petition under Article 227 of the Constitution of India.