RAMAN LAL Vs. OM PRAKASH

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The appellant-defendant-tenant has filed an application (IA No.3748/12) under Section 151 of CPC seeking modification of order dated 01.12.2010 passed by this Court on the application (IA No.44/2010) filed by the respondent-plaintiff for enhancement of the rent of the suit shop in question. By the said order, the appellant-defendant was directed to pay mesne profit of Rs.5000/- per month from the month of January, 2011.

(3.) Briefly stated, the facts of the case are that the respondent-plaintiff filed a suit for eviction and arrears of rent against the appellant-defendant in respect of suit shop No.3, situated at Fad Bazar, Bikaner, which initially was let-out to appellant-defendant on monthly rent of Rs.54/- per month. The respondent-plaintiff filed the eviction suit on the ground of second default of payment in monthly rent since benefit of first default was granted to the defendant-tenant under Section 13 (6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 in the previous suit for eviction.