ANAND PRAKASH Vs. RAGHUVEER SHARAN

JUDGEMENT

(1.) HEARD learned counsel for both the parties.

(2.) THE matter has come up for confirmation of the interim stay order dated 23. 5. 2006 passed by this Court. THE second appeal of the tenant-appellant was admitted and the eviction decree passed against him was stayed on the condition that the appellant will deposit mesne profit, as determined by the Court below. It was also observed that the mesne profit as per the prevalent market value shall be fixed after hearing the plaintiff-respondent.

(3.) IN these circumstances, it will be just and proper in the interest of justice that whatever rent has been fixed with a condition to increase the same by the Rent Control Tribunal, Jaipur will be treated as mesne profit in the present case during the pendency of this second appeal. The appellant is, therefore, directed to comply with the order dated 3. 8. 2004 passed by the Rent Control Tribunal, Jaipur and the said amount be treated as mesne profit in the present second appeal.