- (1.) The petitioners are aggrieved by the order dated 2.5.2014 passed by the Additional District Judge No.1, Beawar, whereby the learned Judge allowed an application filed under Order 41, Rule 5 CPC and directed the petitioners to pay a mesne profit of Rs. 5,000/- per month and to pay arrears from 22.1.2014.
(2.) The brief facts of the case are that one Kanwar Lal and Smt. Mohani Devi instituted a suit for eviction before the Munsif and Judicial Magistrate, Beawar against the petitioners. By judgment and decree dated 21.1.2014, the learned Magistrate decreed the suit in favour of the respondents-plaintiff. Since the petitioners were aggrieved by the said judgment and decree, they filed an appeal before the learned Judge. The petitioners also filed an application under Order 41, Rule 5 CPC for staying the judgment and decree. The respondents No. 1 and 2 filed reply to the said application along with affidavit of two persons. While allowing the application under Order 41, Rule 5 CPC, the learned Judge directed the petitioners to pay mesne profit of Rs. 5,000/- per month from the date 22.1.2014. The petitioners, subsequently, moved an application under Section 151 CPC for extension of time, as they were directed to pay the arrears of mesne profit within fifteen days. By order dated 13.5.2014, the learned Judge extended the time by further period of fifteen days. Yet still, the present petition before this Court.
(3.) Mr. Goyal, the learned counsel for the petitioner has pleaded that mesne profit of Rs. 5,000/- should not have been imposed, considering the fact that the petitioners happen to be poor persons. They would not be in a position to pay Rs. 5,000/- per month. Secondly, the learned Judge has not assigned any reason for imposing such an exorbitant mesne profit. Therefore, the impugned order deserves to be interfered with.;