BHOMA RAM Vs. SMT.SHANTI DEVI

JUDGEMENT

(1.) Learned counsel for the respondent filed an application under section 151 CPC for enhancement of mesne profit granted by this court in favour of the respondent-plaintiff. It is stated that a suit for specific performance of the agreement to sale dated 18.11.1999 was filed between the parties, with respect to total 18 bighas and 13.12 biswas agricultural land. The suit was decreed on 09.11.2004. Against the decree appellant-defendants preferred this appeal. During the pendency of the appeal, both the appellant-defendants died and their legal heirs were taken on record.

(2.) During the pendency of First Appeal, an application under section 151 of CPC was also filed earlier, which was disposed of vide order dated 12.10.2006 with a direction to the appellant-defendant, to make payment of Rs. 20,000/- per annum as mesne profit for use and occupation of the land in dispute, which was directed to be deposited by him in the trial court or paid to the respondent-plaintiff under receipt.

(3.) Now again this application under Section 151 has filed, with the prayer to enhance mesne profit on the ground that during the period there has been a huge hike in price of the lands and valuation of rupee too has been decreased. A reply to the application was filed by the non-applicant and it is submitted that there is no change in the circumstances for enhancement of the mesne profits.