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.

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 record.

5. After arguing for some time, counsel for the petitioner fairly undertakes on behalf of the petitioner to pay the complete decreetal amount qua arrears of rent within a period of one month from now. He, while reserving his right to contest the ground in appeal and subject to the decision in appeal, submits that the petitioner shall continue to pay the mesne profit @ Rs.7,500/- per month with effect from 19.11.2010.

6. Counsel for the respondent-landlord does not object to the above proposal.

7. In view of the submissions made, the present writ petition is disposed of with a direction to the petitioner-tenant to pay the complete decreetal amount of Rs.2,16,000/- (qua arrears of rent) to the respondent-landlord within a period of one month from now. The petitioner shall also be under an obligation to pay the arrears qua mesne profit @ Rs.7,500/- per month w.e.f. 19.11.2010 within a period of three months. The petitioner shall further be under an obligation to continue to pay the mesne profit to the respondent-landlord @ Rs.7,500/- per month.

8. The order impugned dated 29.11.2024 is modified to the above extent.

9. It is made clear that if the amount as aforementioned is not paid within the stipulated period, the respondent-landlord shall be at liberty to get the decree in question executed forthwith.

10. Stay petition and pending applications, if any, stand disposed of.