Rajasthan High Court - Jaipur
Bharat Sanchar Nigam Ltd And Others vs Rameshwari Devi on 30 May, 2012
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
In the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur S.B.Civil Misc. Stay Appl. No.1721 of 2012 in S.B.Civil First Appeal No.333 of 2012 Bharat Sanchar Nigam Ltd. & ors vs. Rameshwari Devi Date of Order ::: 30.5.2012 HON'BLE MS. JUSTICE BELA M. TRIVEDI Mr.Shyam Lal Sharma for the appellants. Mr. Rajesh Chaturvedi for the respondent.
1.Heard learned counsel for the parties.
2.The appellants have challenged the judgment and decree dated 20.3.2012 passed by the trial court in civil suit No.2/2009, whereby the appellants-defendants have been directed to hand over the vacant possession of the suit premises and pay the mesne profits at the rate of Rs.9,000/- per month from 15.8.2008 till the possession is handed over to the respondent-plaintiff.
3.It has been submitted by learned counsel for the appellants that the trial court without any evidence on record has awarded the mesne profits at the rate of Rs.9,000/- though agreed rent only Rs.4,100/- per month. As against that, learned counsel for the respondent has submitted that considering the location and area of suit premises, the mesne profits awarded by the trial court is very reasonable.
4.Having regard to the submissions made by learned counsel for the parties and to the impugned judgment, it appears that the trial court without any cogent evidence has directed the appellants defendants to pay the mesne profits at the rate of Rs.9,000/- which appears to be quite on higher side. Taking into consideration the fact that the agreed rent was Rs.4,100/- per month,in the opinion of this court, the mesne profits at the rate of Rs.7,000/- would be reasonable amount, subject to the final decision of the appeal.
5.In that view of the matter, the execution of the judgment and decree passed by the trial court is stayed on the condition that the appellants shall pay mesne profits at the rate of Rs.7,000/- per month instead of Rs.9000/- from 15.8.2008 till the day of decree within six weeks and also pay the said rate for the period from the date of decree till the pendency of this appeal.
6.Application stands disposed of accordingly.
(BELA M. TRIVEDI) J.
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