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RAJASTHAN HIGH COURT
Virendra Kumar Mathur, J.
Bhoma Ram - Appellant
Versus
Shanti Devi - Respondent
Civil First Appeal No. 27 of 2005
Decided On : 07-07-2017
Indian Penal Code, 1860 – Section 151 – Legal heirs – Died – Decreased – Learned counsel for respondent filed an application under section 151 CPC for enhancement of mesne profit granted by this court in favour of respondent-plaintiff – It is stated that a suit for specific performance of agreement to sale was filed between parties with respect to total 18 bighas and biswas agricultural land suit was decreed – Against decree appellant-defendants preferred this appeal – During pendency of appeal both appellant-defendants died and their legal heirs were taken on record – Held, Enhance mesne profit on ground that during the period there has been a huge hike in price of the lands and valuation of rupee too has been decreased – A reply to application was filed by non-applicant and it is submitted that there is no change in circumstances for enhancement of the mesne profits – Court passed order and directed appellant-defendants to make payment per annum for use and occupation of land in question – Eleven years have passed and market value of dispute land has changed circumstances and more particularly in facts and circumstance of this case, this application deserves to be allowed and mesne profit deserves to be increased reasonably – Application stands disposed.
JUDGMENT
ORDER
Virendra Kumar Mathur, J. —Learned counsel for the respondent filed an application under section 151 CPC for enhancement of mesne profit granted by this court in favour of the respondent-plaintiff. It is stated that a suit for specific performance of the agreement to sale dated 18.11.1999 was filed between the parties, with respect to total 18 bighas and 13.12 biswas agricultural land. The suit was decreed on 09.11.2004. Against the decree appellant-defendants preferred this appeal. During the pendency of the appeal, both the appellant-defendants died and their legal heirs were taken on record.
2. During the pendency of First Appeal, an application under section 151 of CPC was also filed earlier, which was disposed of vide order dated 12.10.2006 with a direction to the appellant-defendant, to make payment of Rs. 20,000/- per annum as mesne profit for use and occupation of the land in dispute, which was directed to be deposited by him in the trial court or paid to the respondent-plaintiff under receipt.
3. Now again this application under Section 151 has filed, with the prayer to enhance mesne profit on the ground that during the period there has been a huge hike in price of the lands and valuation of rupee too has been decreased. A reply to the application was filed by the non-applicant and it is submitted that there is no change in the circumstances for enhancement of the mesne profits.
4. Heard counsel for the parties.
5. Earlier this Court passed the order on 12.10.2006 and directed appellant-defendants to make payment of Rs. 20,000/- per annum for use and occupation of the land in question. Now eleven years have passed and market value of the dispute land has changed. In the changed circumstances and more particularly in the facts and circumstance of this case, this application deserves to be allowed and the mesne profit deserves to be increased reasonably.
6. In the opinion of the court, during the pendency of the present appeal, the mesne profit deserves to be enhanced from 20,000/- to 30,000/- per annum. Ordered accordingly.
7. The application stands disposed of.
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