C.M. No.2343-CII-2014

1. This is an application for direction to the non-applicantpetitioner- tenant to deposit mesne profits/damages as per the market rent i.e. @ Rs.14,000/- p.m. for the use and occupation of the tenanted shop/during the pendency of the present petition.

2. It has been averred that after the appeal filed by the applicant/landlord was allowed the tenant is in illegal use and occupation of the shop in question and the relation of landlord and tenant has been terminated and therefore he is not entitled to continue to pay at the contractual rent @ Rs.500/- p.m. It is further pleaded that the shop is situated in the main market at Mahavir Marg Road, Narnaul and the present market rent is not less than Rs.14,000/- p.m. By way of example the lease deed of a similarly situated shop has been placed on record which is dated 06.04.2012 where the rent has been fixed at Rs.14,000/- per month with the stipulation of 15% increase in every three years. Other instances have also been given and it has also been averred that apart from the locational similarities the area of the shops are similar to that owned by the applicant. It is therefore prayed that the mesne profits