JAIN, J. - (1.) HEARD learned counsel for both the parties.
(2.) THE matter has come up for confirmation of the interim stay order dated 23. 5. 2006 passed by this Court. THE second appeal of the tenant-appellant was admitted and the eviction decree passed against him was stayed on the condition that the appellant will deposit mesne profit, as determined by the Court below. It was also observed that the mesne profit as per the prevalent market value shall be fixed after hearing the plaintiff-respondent. Learned counsel for the plaintiff-respondent has filed an application dated 21. 7. 2006 for vacating the interim stay order dated 23. 5. 2006, wherein he has mentioned that at present rented premises can fetch minimum monthly rent at the rate of Rs. 12,000/ -. The defendant-appellant has filed reply to the above application, wherein it is contended that at present prevalent market rate of the monthly rent is approximately Rs. 800/ -. He has further submitted that the plaintiff-respondent had already filed an application under Section 6 of the Rajasthan Rent Control Act, 2001 for determination of the monthly rent and after hearing both the parties the Rent Control Tribunal, Jaipur has increased the rent from Rs. 200/- to Rs. 726. 05/ -. The Rent Control Tribunal, Jaipur has further passed an order to increase the monthly rent by 5% every year, therefore, his contention is that the revised rent may be fixed as mesne profit during the pendency of the second appeal. I have considered the submissions of learned counsel for both the parties. The second appeal has already been admitted, therefore, I think it fit and proper to confirm the interim stay order passed by this Court against the eviction decree passed in the matter against the appellant. So far as, the award of mesne profit during the pendency of this second appeal is concerned, although agreed rent in the present case was initially Rs. 150/- per month, which was increased to Rs. 200/ -. The plaintiff had filed an application under Section 6 of the Rajasthan Rent Control Act,2001 before the Rent Control Tribunal, Jaipur and the Tribunal vide its order dated 3. 8. 2004 in application bearing No. 179/2004 has already increased the rent from Rs. 200/- to Rs. 726. 05/- per month with further direction that the said rent will be increased by 5% every year with effect from 1st April, 2003.
(3.) IN these circumstances, it will be just and proper in the interest of justice that whatever rent has been fixed with a condition to increase the same by the Rent Control Tribunal, Jaipur will be treated as mesne profit in the present case during the pendency of this second appeal. The appellant is, therefore, directed to comply with the order dated 3. 8. 2004 passed by the Rent Control Tribunal, Jaipur and the said amount be treated as mesne profit in the present second appeal. The application filed by the respondent for vacating the interim stay order stands disposed of an the interim stay order passed by this Court on 23. 5. 2006 is made absolute till the last disposal of this second appeal with the modification in respect of mesne profit, as directed above. .;