Nisha Gupta, J. - (1.) THE matter comes up on Misc. Application under Sec. 151 read with 0.41 R. 5 CPC filed by plaintiff respondents for grant of mesne profits during the appeal on the ground that tenancy of the appellants has been terminated and plaintiff respondents are entitled to recover the mesne profits. The rented shop is situated in the main market of Tonk Road. DLC rates are 34,790/ - per sq. meter and the property could fetch rent of Rs. 15,000/ - per month and respondents are entitled for mesne profits as per market value of the rented property. The contention of the appellants is that the disputed property is not in main market but in a lane which is only 15 feet wide. It could not fetch Rs. 15,000/ - per month. The appellants are small businessmen doing the work of STD/PCO having a meager income and in April, 2003 fair rent has been fixed as 1450/ - which is reasonable in the facts and circumstances of the case and he is paying regularly the rent so fixed and there is no need to fix any mesne profits. Rejoinder has also been filed along with DLC rates of the area and rent note of the vicinity.
(2.) HEARD the learned counsel for the parties on application and perused the documents submitted along with the application. The contention of the respondents is that the property is situated in main market whereas DLC rates which have been submitted are of Madhuban Colony and from the averment of the suit it is also clear that the property is not situated in main market of Tonk Road but is in Maduban Colony. The rent notes which has been submitted along with the application are not of the vicinity, they are of Barkat Nagar and Tonk Phatak, Jaipur, hence rent notes could not depict the true picture as regards -the rate of rent about the disputed shop but looking to the facts that in Maduban Colony where the suit property is situated, commercial DLC rates in interior are Rs. 32,820/ - per yard and in 2003, fair rent has been enhanced to 1450/ -, now the respondents are entitled for the mesne profits as per the market value. Hence it would be reasonable and proper to fix Rs. 3,000/ - per month mesne profits of the disputed shop. Accordingly, the appellants are ordered to pay Rs. 3,000/ - per month as mesne profits to plaintiffs land lord which shall be payable from the date of application meaning thereby from January, 2013 till disposal of the appeal. All the arrears of mesne profits for the period from January, 2013 to January, 2015 shall be deposited in the trial Court within a period of three months. It is also made clear that from the month of February, 2015 the appellants shall pay mesne profits at the said rate by 10th of every succeeding month and continue to pay the same either to the respondents or deposit the same in his bank account. In the event of failure of appellants to pay the mesne profits within the stipulated period, the stay order granted by this Court on 17.2.2012 would stand automatically vacated and decree would be liable to be executed immediately. The Appl. No. 37731 dt. 21.12.2012 is accordingly allowed in the terms aforesaid. ;