Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MS. JUSTICE REKHA BORANA, J
Dayashankar Joshi S/o Goverdhanlal – Appellant
Versus
Payal Devi W/o Bhagwatilal – Respondent
Order :
REKHA BORANA, J.
1. The present writ petition has been filed against the order dated 29.11.2024 passed by the learned Additional District Judge, Nathdwara in Civil Case No.61/2024 whereby the application for staying the proceedings in the appeal as filed on behalf of the appellant-judgment-debtor stood partly allowed.
Vide the order impugned, the learned appellate court stayed the execution of the judgment and decree dated 25.09.2024 passed by Senior Civil Judge, Nathdwara with a condition that the appellant-tenant shall deposit the complete arrears of rent as determined vide the judgment and further, continue to pay the mesne profit to the landlord in terms of the decree.
2. Counsel for the petitioner submits that the learned trial Court erroneously determined the mesne profit @ Rs.15,000/- per month without there being any evidence on record qua the same.
3. Per contra counsel for the respondent-landlord submits that the conditional order as passed by the learned appellate Court is in consonance with law. Counsel further submits that the petitioner-tenant has not paid a single penny qua rent/mesne profit since the year 2006.
4. Heard counsel for the parties and perused the reco
The court upheld the appellate court's conditional stay of execution, emphasizing the tenant's obligation to pay rent and mesne profit as per the decree.
The court has the authority to modify interlocutory orders to prevent undue hardship to the parties involved.
The court has the authority to modify mesne profits and clarify payment terms in eviction cases.
The court established that tenants must compensate landlords with mesne profits during the appeal process, reflecting current market rates, not just contractual rent.
The court clarified that mesne profits must be paid separately for each suit as decreed, emphasizing the importance of adhering to trial court orders during execution.
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
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 court ruled that conditions for stay of execution cannot include mesne profits payments without proper ascertainment, ensuring rights of both parties are preserved during appeals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
