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2015 Supreme(Raj) 915

PRAKASH GUPTA
Om Prakash Sidh – Appellant
Versus
Saraswati Devi Sharma – Respondent


Advocates Appeared:
For the Applicant : N.K. Maloo, Mr. Vishnu Bohra
For the Respondent: S.C. Gupta

JUDGMENT :

Prakash Gupta, J.

Heard on the stay application and the application filed by respondent No.1-plaintiff-landlord for allowing the mesne profit @ Rs.1 lac p.m.

2. A suit for eviction was decreed in favour of the plaintiff on ground of denial of title against which the present first appeal was filed. The appeal was admitted on 11/09/2008 and an interim stay was granted in favour of the appellant.

3. It is submitted by the learned counsel for the respondent-plaintiff Sh. S.C. Gupta that the DLC rate of commercial premises situated in Chaura Rasta is Rs.3,39,190/- per sq.m. In this regard, he has relied upon the report issued by the Sub-Registrar, Jaipur-6. It is submitted that the disputed shop is divided into three shops and the appellant and his brothers are running a separate businesses in each shop. The defendant is paying only a meager amount of rent Rs.8.50 per month. In these circumstances, the appellant may be directed to pay mesne profit for the use and occupation of the shop in question @ Rs.1,00,000/- per month from the date of the decree. He has placed reliance on (2005) 1 SCC 705 Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd., (2005) 6 SCC 489 Anderson Wrig










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