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2022 Supreme(SC) 208

K. M JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Heera Traders – Appellant
Versus
Kamla Jain – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Akshat Shrivastava, AOR Ms. Pooja Sharma, Adv. Mr. Inderjeet Yadav, Adv.
For the Respondent(s): Mr. Arjun Garg, AOR Mr. Aakash Nandolia, Adv. Ms. Sagun Srivastava, Adv.

JUDGMENT :

K.M. JOSEPH, J.

1. The appeals raise certain common questions apart from the respondent being common. Hence the common judgment. By the impugned orders passed in these cases, the High Court while allowing the application filed by appellants under Order XLI Rule 5 of the Code of Civil Procedure and applications for an appropriate direction to the appellants to pay mesne profits along with the regular monthly rent and damages filed by respondent, directed that the appellants shall pay the rent of suit shops at the rate of Rs.18000/- per month to the respondent from the date of decree passed by the lower Appellate Court till the disposal of the Second Appeals. The appellants were directed to pay the entire arrears of rent within a period of 2 months failing which the interim order of protection from eviction under the decree was to stand vacated.

2. The Respondent is the landlady of the Appellants in both the appeals. In SLP (Civil) No. 14357-58 of 2021, the appellant was inducted as a tenant of a nonresidential accommodation of 150 square feet for a monthly rent of Rs. 847/- in the year 1975. On 06.08.2009 the Respondent filed a suit under Section 12 (1) (a), (c), (f) and (h)

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