N.K. Jain, J. - (1.) Heard learned counsel for the parties. Both the writ petitions by both the parties arise out of one suit, therefore, they were heard together and are being disposed off finally by this common order.
(2.) Plaintiffs, (who are petitioners in Writ Petition No. 14226/2009 and Respondents No. 2 and 3 in Writ Petition No. 11899/2010) filed a suit for eviction in respect of rented premise way back on 01.08.1983 in the trial court, which was decreed in their favour on 23.05.2009. Being aggrieved with the same, the defendants filed an appeal before first appellate court alongwith an application for grant of stay against eviction of defendants under Order 41 Rule 5 read with Sec. 151 C.P.C. Learned counsel for the plaintiffs filed reply to the application and opposed the prayer regarding grant of stay against eviction decree and in alternate, it was submitted that in case, an interim order staying the execution of the decree of eviction is passed, then mesne profit may be increased, as per prevalent market rate, than the agreed rent during the pendency of the appeal. In support of his contention, he referred judgments of Hon'ble Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd., : (2005) 1 SCC 705 and Anderson Wright & Company vs. Amar Nath Roy, : 2005 DNJ (SC) 562 : RLW 2005 (3) SC 425, as well as of this Court in Madan Bansal vs. Ram Narain Sharma, : 2006 (2) RLW 1448 and Datu Mal vs. Seth Madan Gopal, : 2007 (4) WLC (Raj.) 524.
(3.) Learned first appellate court i.e. Additional District Judge No. 8, Jaipur City, Jaipur vide its order dated 26.08.2009 passed stay order against eviction of the defendants without increasing the amount of mesne profit @ Rs. 425/ - per month only, as awarded by the trial court, as per agreed rent of 1983. Being aggrieved with the same, the Plaintiffs have preferred S.B. Civil Writ Petition No. 14226/2009 for enhancement of the amount of mesne profit of the rented premise as per prevalent market rate of rent during pendency of first appeal.;