- (1.) THIS writ petition has been filed by the petitioner­tenant aggrieved by order dated 19.12.2012 passed by the learned appellate court on his application filed under Order XLI, Rule 5 CPC, whereby, he was directed to pay amount of mesne profit @ Rs.3,000.00 per month during pendency of the appeal from the date of filing of the appeal.
(2.) THE facts of the case are that the petitioner is said to be in possession of the suit premises as tenant since 1972 at a rent of Rs.150.00 per month. A suit for eviction was filed by the landlord- respondent in the year 1988 and a decree was passed on 21.09.2011 by the trial court ordering for eviction of the petitioner. Against the said judgment and decree dated 21.09.2011, the petitioner filed an appeal before the Court of Additional District Judge, Abu Road, District Sirohi alongwith an application under Oder XLI, Rule 5 CPC seeking stay of the execution of the decree under appeal. It was stated in the application that the petitioner had prima facie case and if the execution is not stayed then he would suffer irreparable injury.
(3.) THE application was opposed by the respondent-landlord, besides other submissions, it was stated as under:- ") " % ( 5000.00 ( ) + 1972 150.00 , 1972 " 50 1 3 3 1 3 7 1 5000.00 , % % , 3 ( = - % , ,% @% A @ , A , 3 A" ;