- (1.) The matter comes up on an application No.01/19 claiming the following reliefs: "Therefore, it is most respectfully prayed that the stay order dated 12.09.2017 may kindly be vacated. Further, respondent/defendant may be directed to pay mesne profit of the disputed premises to Rs.10000/- per month w.e.f. 01.04.2014 during the pendency of the present appeal."
(2.) The sum and substance of the dispute is that the respondent-plaintiff filed a civil suit for ejectment, recovery of rent arrears and damages against the present appellant/defendant/non-applicant stating inter-alia that cabin No.2, as mentioned in para No.1 of the plaint situated outside Polo ground over Nakki Lake Road in Mount Abu, in which, the appellant/defendant/non-applicant, being tenant, is in possession of the same. The said tenancy commenced from 01.02.2008 and the rent was fixed as Rs.6,500/- per month. In an earlier civil suit, parties entered into a compromise on 16.02.2010 and it was agreed that a rent of Rs.6,500/- per month shall be paid by the appellant/tenant. The present litigation has culminated into the impugned judgment and decree dated 15.07.2017 whereby the appellant/non- applicant before this Court has been directed to pay the due rent of March, 2013 @ Rs.6,500/- and then, mesne profits from 01.04.2013 @ Rs.10,000/- per month till eviction. The learned court below directed that the appellant-tenant shall be required to evict the shop in question within two months from the date of impugned judgment and decree.
(3.) The appellant/defendant/non-applicant challenged the aforementioned judgment and decree by filing this appeal, in which, an interim order was passed by this Hon'ble Court on 12.09.2017, which reads as follows: "Heard. Admit. Issue notice to the respondent. Rule is made returnable within a period of four weeks. Meanwhile, the execution of judgment and decree dated 15.07.2017 passed by Additional District Judge No.2, Abu Road, District Sirohi in Civil Original Suit No.169/2015 (25/2013) shall remain stayed till the next date.";