- (1.) Plaintiff/appellant is in second appeal against the judgments and decrees passed by the Courts below whereby while decreeing his suit the mesne profit at the rate of Rs. 1,000/- was granted instead of Rs. 2500/- per month claimed by the plaintiff. Facts necessary for the disposal of the present second appeal are that plaintiff/appellant Lajja Ram alias Laj Ram filed suit against the defendants/respondents for possession of the shop by redemption of mortgage thereof alleging that the plaintiff after purchasing the suit land vide registered sale deed dated 18.6.1993 for Rs. 24,000/- constructed disputed shop there and mortgaged it with possession with defendants vide registered mortgage deed dated 13.8.1993 for Rs. 14,000/-. However, defendants on demand refused to accept the mortgage money and to redeem the mortgage. The appellant/plaintiff accordingly sought possession of the shop in suit by redemption of mortgage and also claimed Rs. 2500/- per month as mesne profits from the date of filing of suit till delivery of possession.
(2.) Upon notice defendants/respondents filed written statement pleading therein that they had taken the shop on rent from the plaintiff in August, 1993 at the rate of Rs. 200/- per month rent and later on defendant no. 2 left business and defendant no. 1 alone has been doing the business in the shop in suit and has been paying rent regularly to the plaintiff, who, however, never issued any receipt. The appellant/plaintiff rather got the mortgage deed executed to deny protection of Rent Control Act to the defendants.
(3.) Learned Civil Judge (Junior Division), Panchkula vide judgment and decree dated 17.4.2009 decreed the suit for possession of the shop in suit by redemption of mortgage but relief of mesne profits claimed by the plaintiff was denied. Both plaintiff and defendant no. 1 preferred appeals against judgment and decree of the trial court. Learned Additional District Judge, Panchkula vide judgment dated 22.10.2009 dismissed the appeal preferred by defendant no. 1 but partly allowed the appeal preferred by the plaintiff/appellant and directed respondent-defendant no. 1 to pay mesne profits to the plaintiff/appellant @ 1000/- per month from the date of institution of the suit till delivery of vacant possession thereof. Feeling aggrieved, plaintiff/appellant has preferred the instant appeal.;