JUDGMENT

1. The matter comes up on an application (1/30-4-2022) for grant of mesne profits to respondent defendant Govind Narain, who had succeeded before the trial court vide judgment dated 2-9-2021, passed by Additional District Judge No.7, Jaipur Metropolitan, which judgment has been stayed by this court in the first appeal vide order dated 4-3-2022.

2. The facts of the case are that vide judgment dated 2-9-2021 the trial court while dismissed the appellant-plaintiff's suit for partition and permanent injunction decreed the counter claim of respondent defendant Govind Narain for possession of the property in issues. The plaintiff was also directed to remove the pillar and other possession from ground floor and first floor and to hand over possession to defendant. Till handing over possession of the portion to defendant the plaintiff was directed to pay mesne profits to defendant Rs.100/- per month from April, 2019. Since, execution of the judgment has stayed, the defendant has filed the present application.

3. It has been submitted that there is finding against the plaintiff that he is a trespasser and continues in use and occupation of the suit property, therefore the trial court