CHAMPALAL Vs. JAGDISH PRASAD & ORS.

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner aggrieved against the Order dated 3.11.2015 passed by the First Appellate Court, whereby on the application filed by the petitioner under Order 41, Rule 5 C.P.C., while staying the decree passed by the Trial Court, the First Appellate Court has directed deposit of 70% of the amount of mesne profit as decreed by the Trial Court.

(2.) The suit was filed for eviction on account of termination of tenancy by giving notice under Section 106 of the Transfer of Property Act in the Court of Senior Civil Judge, Shri Dungargarh, District Bikaner in the year 2007. The same was decreed by the Judgment and Decree dated 3.10.2015 and the Trial Court directed eviction as well as payment of mesne profit from the date of termination of tenancy w.e.f. 1.10.2007 @ Rs. 3,000/- per month.

(3.) Feeling aggrieved, the petitioner filed First Appeal along with an application under Order 41, Rule 5 C.P.C. The learned First Appellate Court after hearing the parties, stayed the execution of decree passed by the Trial Court subject to the petitioner making payment of 70% of the amount of mesne profit decreed.