SMT PREM DEVI, WIFE OF LATE SHRI RAM PAL SHARMA Vs. SHRI MURLI MANOHARJI SEWASAMITI PANCHAYAT KUMAHARAN,

JUDGEMENT

(1.) By way of this instant order, miscellaneous application No.968/2014 filed u/Sec.151 CPC on behalf of plaintiff-respondent is being decided wherein it has been stated that the Trial Court vide impugned order directed for payment of Rs. 3,000/- per month by way of mesne profit from 11.07.2002 but inadvertently reduced by this Court to Rs. 500/- only.

(2.) The judgment and decree passed Trial Court was challenged by the appellant before this Court and this Court on 06.05.2010 while admitting the appeal, stayed the operation of the order and judgment dated 20.11.2009 passed by the Trial Court. Subsequent thereto, the Co-ordinate Bench of this Court on 29.11.2012 on an application filed on behalf of the respondent u/Ord. 41 Rule 1 Sub- Clause (3) and Rule 5 read with Section 151 CPC modified the order, which reads as under:-

(3.) Learned counsel for the respondent submits that the suit was for possession and mesne profit. The Trial Court in its wisdom found Rs. 3,000/- per month to be a reasonable mesne profit. Learned counsel submits that the Co-ordinate Bench of this Court while modifying order dated 29.11.2012 reduced the mesne profit to Rs. 500/- per month, which according to her may be an apparent error as the amount originally granted was Rs. 3,000/- per month which could not have been reduced to Rs. 500/- per month, rather on the contrary, it ought to have been enhanced and not to be reduced in any manner. Counsel further submits that the appellant is enjoying residential portion which was given to him and even otherwise, property is situated in thickly populated area and in heart of the city and the present fair market value and rental is substantially higher and to the extent of Rs. 20,000/- per month and prays that the order is required to be modified which was allowed by the Trial Court in the impugned order and thus, prays that at least Rs. 3,000/- per month which was directed by the Trial Court deserves to be allowed. She also prays that liberty may be granted to her to file further application for enhancing the mesne profit.