MALI RAM Vs. KUSHAL CHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties on the stay application.

(2.) LEARNED counsel for the plaintiff-respondents contended that the first appellate Court has passed a decree of eviction of the rented premises in favour of the plaintiff-respondents and this Court while issuing notice to show cause has passed interim stay order not to evict the defendant-appellant, therefore, his submission is that in case the interim stay order is confirmed during the pendency of this second appeal, then at least mesne profit of the property in dispute may be enhanced at the present market value of the premises in dispute. He contended that the rented shop was let out 64 years ago at the yearly rent of Rs. 100/- and at present the prevalent market rate of rent of the property in dispute is about Rs. 6000/- per month, whereas learned counsel for the defendant-appellant, on the instructions of his client, contended that the prevalent market rate of rent of the property in dispute in dispute is not more than Rs. 500/- per month.