Rajasthan High Court - Jodhpur
Ali Hassan vs Haji Adam (2024:Rj-Jd:37840) on 11 September, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:37840]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 640/2018
1. Ali Hassan S/o Shri Manzur Hassan, Aged About 60 Years,
B/c Qureshi, R/o Old Police Station, Vyapariyon Ka
Mohalla, Pipar City, District Jodhpur.
2. Abdul Majid S/o Shri Manzur Hassan, Aged About 55
Years, B/c Qureshi, R/o Old Police Station, Vyapariyon Ka
Mohalla, Pipar City, District Jodhpur.
----Appellants
Versus
1. Haji Adam S/o Shri Haji Nabi Baksh Ji, B/c Chhipa
Musalman, R/o Old Police Station, Vyapariyon Ka Mohalla,
Pipar City, District Jodhpur.
2. Usman Gani S/o Shri Haji Adam Ji, R/o Old Police Station,
Vyapariyon Ka Mohalla, Pipar City, District Jodhpur.
3. Mohammed Farook S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
4. Haji Mohammed S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
5. Mohammed Ayub S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
6. Mohammed Salim S/o Shri Haji Adam Ji, R/o Old Police
Station, Vyapariyon Ka Mohalla, Pipar City, District
Jodhpur.
----Respondents
For Appellant(s) : Mr. Narendra Thanvi
For Respondent(s) : Mr. I.R. Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment 11/09/2024 The matter comes up on an application under Section 151 CPC filed by the Respondent No. 1 to 4 and 6 for awarding mesne profits during pendency of the appeal.
(Downloaded on 17/09/2024 at 08:36:30 PM) [2024:RJ-JD:37840] (2 of 3) [CFA-640/2018] Learned counsel for the applicant respondents submits that the present first appeal has been filed by the appellants against the judgment and decree dated 12.09.2018 passed by learned Additional District Judge, Jodhpur District, in Civil Suit No. 07/2015 whereby, the suit filed by respondents for ejectment, recovery of rent arrears and permanent injunction has been decreed.
Counsel for the applicant respondents argued that this Court vide order dated 04.01.2019 had stayed the execution of impugned judgment and decree dated 12.09.2018 and said interim order has also been made absolute till final disposal of appeal. It is argued that from February, 2012 till date, the appellants are enjoying the fruits of the shops in question and have failed to pay rent to the respondents who is the landlord of the shops, though the appellants deposited a sum of Rs. 8,000/- during pendency of suit. Apart from said amount, no rent has been paid to the respondents, therefore, directions may be issued to the appellants to pay the mesne profits of the shops in question at the rate of rent determined by the court below.
Per contra, counsel for the appellants argued that the rent of shops in question was Rs.2,000/-, however, the respondents started claiming rent @ Rs.4,000/- per month. It is submited that this Court has admitted the appeal and stayed the operation of decree, therefore, respondents could not claim monthly rent to be Rs. 4,000/- instead of Rs.2,000/-. The appellants are ready and willing to pay the arrears of rent @ Rs.2,000/- per month but the respondents are refusing to accept the amount tendered by the appellants.
(Downloaded on 17/09/2024 at 08:36:30 PM)
[2024:RJ-JD:37840] (3 of 3) [CFA-640/2018] I have heard learned counsel for the parties and carefully gone through the material on record.
Admittedly, the learned court below has decreed the suit filed by the respondents for ejectment, recovery of rent arrears and permanent injunction directing the appellants to hand over vacant possession of the premises with further direction to make payment of rent w.e.f 01.08.2012 @ Rs.4,000/- per month, till its vacation. This Court vide order dated 04.01.2019 had stayed the execution of impugned decree dated 12.09.2018 and the interim order has been made absolute till final decision of the appeal. It is not disputed that the appellants are in joint tenancy of the shops and it is also not disputed that the defendants have not paid rent of shops since February, 2012. In the opinion of this Court, since this Court vide order dated 04.01.2019 had stayed only the execution of impugned decree dated 12.09.2018, whereas, the appellants are in possession of the rent premises and enjoying its fruits, therefore, this Court deems it proper to direct the appellants to make payment of mesne profits @ Rs.4,000/- per month, till final decision of the appeal or till handing over vacant possession of the shops in question.
Accordingly, the application is allowed. The appellants are directed to make payment of mesne profits @ Rs.4,000/- per month to the respondents, till final decision of the appeal. The arrears of mesne profits w.e.f February, 2012 till date, shall be paid to the respondents within a period of six months.
(MANOJ KUMAR GARG),J 60-BJSH/-
(Downloaded on 17/09/2024 at 08:36:30 PM) Powered by TCPDF (www.tcpdf.org)