KANWAR BAHADUR SINGH Vs. JAIDEEP

JUDGEMENT

(1.) The matter comes up on Misc. Application under Section 151 read with Order 41, Rule 5 C.P.C. filed by plaintiff respondent for grant of mesne profits during the appeal.

(2.) The contention of the applicant is the rented premises is measuring 521 Sq. Meters and situated in commercial area opposite Railway Station. In 2006, the provisional standard rent was fixed at Rs. 6,000/- and now the Court below has fixed standard rent at Rs. 10,000/- but looking to the commercial value of the premises, mesne profits be fixed as Rs. 30,000 /- per month and two lease agreements have also been placed on record along with the application. The contention of the respondent is that the property is only an open land, initially it was rented for Rs. 50/- per month, land lord has not provided any enmity of water or electricity, for reaching the disputed land, the lane is only 2 ft. wide, it is not a commercial premises and he is depositing the rent provisionally determined under Section 1 of the Act.

(3.) Heard the learned Counsel for the parties on application and perused the relevant documents as well as considered the contention of the parties.