Order

08/02/2024

1. Instant appeal is preferred by appellant/defendant aggrieved from judgment and decree dated 28.03.2023 in civil suit no. 6/2018 passed by learned Additional District Judge No.2, Bandikui, District Dausa whereby in a suit for eviction and arrears of rent following decree was passed in favour of respondents/plaintiffs and against the appellant/defendant:

2. During the course of argument, learned counsel for appellant made a statement that the appellant/defendant bank will vacate the suit premises latest by 31.03.2024 but they have serious objection on mesne profit. On the basis of aforesaid statement, learned Senior Advocate appearing for respondents/plaintiffs submits that in the instant appeal only a question of mesne profit remains and the Hon’ble Court can consider this issue at this stage on merits.

3. Having considered the aforesaid, on the basis of statement of learned counsel for appellant, the judgment and decree for eviction is liable to be affirmed but heard learned counsel for appellant and learned Senior Advocate for respondents on question of mesne profit.

4. The basic fact of the case indicated that the suit property was leased out to the appellant for a