MOHAN LAL Vs. KRISHNA KUMAR

JUDGEMENT

(1.) Under O. XLI R. 5 CPC read with Section 151 CPC, execution of the decree of eviction passed by Civil Judge (JD), Sujangarh, District Churu on 15.12.2012 in Civil Original Suit No. 28/2010 titled as Krishna Kumar vs. Mohan Lal & Ors. was stayed in the following terms:

(2.) In the petition, the petitioner has argued that the agreed rent of the shop in question was only Rs. 208 and paise 33 per month only, so imposing the condition of making payment at the rate of rupees ten thousand per month as mesne profits from the date of filing of appeal is highly arbitrary, unreasonable and without any evidence. The petitioner has argued that the respondent-plaintiff did not file any reply to the stay petition in the court of Addl. District Judge, Churu and he had also not led any evidence regarding rental value of the shop in question, so the arbitrary order should be quashed. It has been argued on behalf of the petitioner that an undertaking of rupees one lac was also demanded from him and no sufficient time was given to submit the undertaking and further only one month's time has been given to him to vacate the premises if the appeal is decided against him. The petitioner submits that all these conditions are harsh and arbitrary and biased in favour of the landlord. The petitioner relies upon he following ruling:-

(3.) I have perused all the rulings submitted by the parties in the case. In the circumstances of the case and after perusal of the judgment of the lower court, looking to the location of the premises, existing rent and the rising trend in rental values, the impugned order passed by Addl. District Judge, Churu on 23.7.2013 is upheld subject to the following conditions: