RADHEY SHYAM S/O BHURAMAL AGARWAL, PROPRIETOR M/S. RADHEY SHYAM ASHOK KUMAR Vs. RAM CHARAN S/O BHAGWAN SAHAI, BY CASTE AGARWAL, THAWARIA

JUDGEMENT

(1.) The appeal was admitted on 09.09.2015 by this Court.

(2.) By way of instant application filed under Order 41, Rule 5 , grant of Mesne Profit pending Civil Second Appeal has been raised, bringing to the notice of this court, along-with the application, the valuation report filed of a registered valuer, wherein fair market value of the disputed shop in question has been valued at about Rs. 1.25 crores as on 19.09.2015. In addition to the valuation report, counsel for the respondent has also placed on record, certain lease agreements/lease deeds of the areas surrounding the shop in question wherein rent/lease is in the vicinity of Rs.13,000 to Rs. 20,000 per month and some of the lease deeds are of the year 2012-13 and later.

(3.) Counsel for the respondent brings to the notice of the court that the shop in question is situated at Tripolia Bazar, Chomu which is admittedly a commercial area and the shop is in between Bus-stand to Chopad and the DLC value of the same for commercial area of the main road has been shown to be Rs.53,990/- per square meter as on 11.10.2015, and the documents have also been filed by the respondent.