AMAR NATH ANAND Vs. BHUPENDRA SINGH

JUDGEMENT

(1.) At the request of learned counsel for the parties, the arguments were heard and writ petition is being disposed of finally.

(2.) The tenant-petitioner has preferred this writ petition challenging the impugned order dated 16th January, 2007 passed by the District and Sessions Judge, Kota in Civil Regular Appeal No. 9/2007, whereby while disposing of the stay application of the petitioner, he passed an order that order of eviction against the petitioner will remain stayed during the pendency of the appeal, provided the petitioner deposits the mesne-profit @ Rs. 1,000/- per month with effect from 1st January, 2007.

(3.) The submission of learned counsel for the petitioner is that impugned order passed by the appellate court is contrary to the provisions of Order 41 Rule 5 C.P.C as no where it is stipulated in Rule 5 Order 41 C.P.C to increase the amount of mesne-profit from the amount of mesne-profit fixed by the trial court, therefore, the impugned order is liable to be set-aside.