JUDGMENT :

Prakash Gupta, J.

1. By this order, application under Order 41 Rule 5 read with section 151 CPC for grant of mesne profit as well as the stay application, both are being decided.

2. It is submitted by learned counsel for the respondents that the shop in question is admeasuring more than 300 sq. feet. The suit shop is situated in Dargah Bazaar, Ajmer which is main commercial area of the City of Ajmer. In the same vicinity another shop measuring 64 sq. feet was let out on 07.12.2009 for monthly rent of Rs. 9,000/- per month with enhancement of rent @ 20% after completion of every 5 years. Another shop situated in the same vicinity measuring 60 sq ft. was let out on 20.03.2014 for the monthly rent of Rs. 13,000/- per month. Likewise, another premises measuring 122 sq. Ft. was let out on 03.05.2005 for monthly rent of Rs. 9,900/- per month with escalation of 20% after every 5 years. It is submitted that the suit shop is situated near Dargah Khwaja Sahab where the rent of the shops is very high. The appellant is a trespasser after passing the decree of possession against him, but even then he is in use and occupation of the suit premise, as such, he is liable to pay mesne profit