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PRAKASH GUPTA
Nanak Ram – Appellant
Versus
Jeet Mal (Since Deceased) Through His Legal Representatives. – Respondent
ORDER
1. Today the matters come up on two applications. One (No.23159 dated 25.07.2017) filed by the respondents-plaintiffs (for short, 'the plaintiffs') under Order 41 Rule 5 read with Section 151 of CPC for grant of mesne profit @ of Rs.40,000/- per month, and two (No.l dated 01.03.2021) for being heard on the application for mesne profit.
2. The Co-ordinate Bench of this Court vide order dated 04.04.2008 directed that the status-quo as exists today shall be maintained by the parties so far as suit property is concerned. Thereafter, the plaintiffs filed an application under Order 41 Rule 5 read with Section 151 of CPC for grant of mesne profit @ Rs.40,000/- per month. To substantiate their claim, the plaintiffs have produced copies of lease deeds executed by Amit Kumar Soni and Smt. Lajwanti Soni in favour of Punjab National Bank, lease deed executed by Ravi Mohan Mangal in favour of Canara Bank along with site plan, and rent deed executed by Smt. Umrao Kanwar Bharkatiya in favour of State Bank of India along with site plan.
3. It is submitted by learned counsel for the plaintiffs that property in question is situated at Dargah Bazar Ajmer and its area is 240 Sq. Ft., for which the
The court established that tenants must compensate landlords with mesne profits during the appeal process, reflecting current market rates, not just contractual rent.
The main legal point established is the application of principles from Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 and the Rajasthan Rent Control Act, 2001, to determine....
The main legal point established is the determination of mesne profits based on the valuation of the property and prevailing rent, while considering the relationship between the parties and maintaini....
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
The main legal point established in the judgment is that the procedure under Order 20 Rule 12 CPC for the passing of a decree for possession and mesne profits should be followed only when a suit is f....
Assessment of mesne profits must rely on cogent evidence and judicial notice of market conditions, balancing landlord and tenant interests.
The court established that mesne profits must reflect actual use and compliance with prior orders, not merely potential commercial value.
The main legal point established in the judgment is the assessment of mesne profits based on the profits earned by the wrongful user or the profits which the wrongful user would reasonably have earne....
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