Jainendra Kumar Ranka, J.

1. By way of this instant order, an application u/sec. 151 CPC for enhancement of mesne profit filed by the plaintiffs-respondents is being decided.

2. The brief facts noticed only with reference to disposal of the present application required to be noted are that the plaintiffs-respondents filed a civil suit for possession and permanent injunction and for damages against the defendants/appellants on 13.10.1995 with the prayer that the respondents be directed to hand over possession of the plot No.1 and 2 to the plaintiffs as mentioned in the plaint and site plan annexed therewith including the constructed house, shops etc. and further prayer was also made to direct the defendants not to make any disturbance in the peaceful possession over the disputed land. The suit was decreed vide order dated 14.02.2006.

3. The appellant filed the instant appeal which has been admitted and it was directed in the meanwhile to the parties to maintain the status quo as it exists today i.e. on 24.03.2006. The cross objection was also filed which too was admitted on 24.08.2009.

4. An application came to be filed by the respondent for vacating the ex-party stay order dated 24.03.2006, alternatively seeking further directions to the appellants to pay mesne profit to the plaintiffs-respondents. This Court on 27.02.2007 observed as under :-

"Having considered the rival submissions, this Court directs that during the pendency of this appeal, the appellant-defendants shall pay mesne profit to the extent of Rs.1,000/- per month w.e.f. 1st March, 2007 before 15th of succeeding month. In case there is any default in payment of such mesne profit, the stay order dated 24.03.2006 passed in favour of the appellants shall stand vacated and the respondents shall be free to execute the decree. The said mesne profit shall be deposited in the Bank Account No.01000026327 with State Bank of India, Jhunjhunu of the respondent-plaintiffs already available with the appellants. The respondent-plaintiffs will furnish the solvent security to the satisfaction of the trial court along with the certified copy of this order to the effect that in case the appeal succeeds and they are not found entitled to any mesne profit, the money so received under this order by them shall be refunded back to the appellants with interest @9% per annum."

Thus, direction was given for paying Rs.1,000/- per month as mesne profit.

5. Another application bearing No.12009/2015 was filed u/Sec. 151 CPC for enhancement of mesne profit looking to the exorbitant hike in the rate of the disputed properties or other immovable. It is contended on behalf of the plaintiffs-respondents that the mesne profit was assessed at Rs.1,000/- per month in the year 2007 and now by passage of time over a decade, the fair market value of the disputed property has enhanced and rents have also gone high and therefore, plaintiffs-respondents is entitled to mesne profit pending appeal. The claim of Rs.1,09,840/-per month has been made to pay the said amount during the pendency of the litigation and in support thereof, a valuation report of one Mr. Ravi Vindal Approved and Registered valuer, has been given on 09.03.2015, assessing the fair market value of the land in question on two basis, one on the basis of DLC Value at Rs.1,46,45,304/-. The said valuer adopted a second basis of computing the fair Market value to the tune of Rs.5,23,18,034/-. Adopting a rate of return @ 9%, on the first basis, the annual rent has been assessed at Rs.13,18,077/- or Rs.1,09,840/- per month and on the second basis the annual rent worked out is Rs.47,08,623/- with monthly rental of Rs.3,92,385/- respectively.

6. Counsel also relied upon the other supporting material of Nagar Parishad, Jhunjhunu of auctioning the property around the disputed area and contended that the plaintiffs-respondent is entitled to mesne profit which has been computed by a registered valuer who is a technical person and further contended tha