DEENDAYAL Vs. NRAPENDRA KUMAR

JUDGEMENT

(1.) The matter has come up on an application filed by respondents-decree holder for fixation of mesne profit of the suit shop.

(2.) It appears from the record that the dispute between parties is about one shop measuring 15 X 30 ft. situated at Ward No.2, Raiwasa Wala Katla, outside Bawadi Gate, Sikar, let out in the year 1963 and the present rate of rent is said to be Rs.45.00 per month, wherein the appellant is carrying on his cloth business. The respondent filed an eviction suit way back in the year 1987 on grounds of default of payment, subletting and on account of death of the original tenant, which was dismissed by the trial Court vide judgment dtd. 22/1/2005 granting benefit of first default. Respondents filed first appeal, which was allowed vide judgment dtd. 23/11/2016 and a decree for eviction has been passed against appellant-defendant. The appellant-defendant has preferred this second appeal against the decree for eviction dtd. 23/11/2016. The second appeal has been admitted for hearing on formulation of substantial questions of law vide order dtd. 3/1/2018. Thereafter respondents-decree holder have filed the present application on 31/8/2021 for seeking fixation of mesne profit of the shop in question.

(3.) The learned counsel for respondents submits that the appellant is at present paying rent Rs.45.00 per month. The shop, which is situated in the main market of Sikar and at present this shop can fetch the rent at least 35,000/- per month. In support of his contention, a lease deed dtd. 23/4/2019 for another shop, alleged to be situated near about 300 Mtrs. far from the suit shop has been placed on record; by way of this lease deed, the shop measuring 7 X 19 ft. was let out at the rate of Rs.32,000.00 per month w.e.f. 1/4/2019. Another document of DLC rate for the commercial premises of the area have also been placed on record. Learned counsel for respondents has prayed that since appellant is enjoying possession of suit shop during the appeal, hence he may be directed to pay mesne profit and for the shop in question the mesne profit be determined in between Rs.32.0035,000/- per month and that too from the date of decree for eviction i.e. 23/11/2016.