RAM RATAN Vs. VISHVANATH RATHI & ORS

JUDGEMENT

(1.) Instant writ petition has been filed by the defendant-petitioner assailing the order dt.29/03/2014 passed by the lower appellate court by which the defendant-petitioner has been directed to pay mesne profit to the plaintiffs-respondents to the tune of Rs.5,000/- per month from 16/11/2012 i.e. the date of filing of the application by the defendant-petitioner under Order 41 Rule 5 CPC.

(2.) The brief facts as has been gathered on perusal of the material on record including the order impugned and after hearing counsel for the defendant-petitioner, are that a civil suit came to be filed by the plaintiffs-respondents for eviction against the defendant-petitioner stating therein that the shop in question situated in Sadar Bazar, Kekri was let out by them to the defendant-petitioner on a monthly rent of Rs.500/- per month and the rent was to be paid on month to month basis after obtaining receipt. It was further stated that since there was requirement of the shop in question to the plaintiff-respondent No.1 for his own need and necessity and further the defendant-petitioner did not pay rent for some time, therefore, a notice was served upon him but the defendant-petitioner neither vacated the shop in question nor paid the due rent, hence the plaintiffs-respondents were constrained to institute a suit for eviction and other ancillary reliefs.

(3.) The trial court, after analyzing the material and evidence available on record, decreed the suit in favour of the plaintiffs-respondents vide judgment and decree dt.15/10/2012 and directed that possession of the shop in question be handed over by the defendant-petitioner to the plaintiffs-respondents within a period of two months and the due rent, which was not paid, be also paid. It was also directed that the plaintiffs-respondents will also be entitled to mesne profit till the actual possession is received and the decree was accordingly prepared.