Indermal vs Nemichand

Heard on IA No.1126/2018 & IA No.6477/2019. Present appeal is filed against the judgment and decree dated 26.09.2017 filed by defendants No.2 to 5 & 9 who have been directed to hand over the vacant possession of the suit property to the plaintiff/respondent No.1 and also pay the mesne profit at the rate of Rs.300/- per month from the date of filing the suit till the possession is hand over. By order dated 06.04.2018 this Court has stayed the judgment and decree so far it relates to the possession part. The appellants have deposited the mesne profit before the executing Court on 06.04.2018. Now the appellants have filed an application (IA No.6477/2019) prays that the respondent/plaintiff be restrained from withdrawing the said amount.

Shri Kochatta, learned counsel for the appellants submits that the house in question is in dilapidated condition and if the amount of mesne profit is released to the plaintiff it would be very difficult for them to recover the same in the event of appeal being allowed.

Shri Dagaonkar, learned counsel for the respondent opposes the application.

After appreciating the evidence came on record, learned trial Court has granted the decree in favour of the plaintiff. If the appellants want to enjoy the possession they are certainly required to pay the mesne profit which is only Rs.300/- per month. The suit property is situated in the municipal area. Keeping in view the condition of the suit property the amount of mesne profit i.e. Rs.300/- per month is not on the higher side, therefore, the plaintiff is permitted to withdraw the same. The impugned judgment and decree shall remain stayed till the final disposal of this appeal subject to the following conditions:

The appellants shall deposit the mesne profit at the rate of Rs.300/- per month quarterly and after the deposit the plaintiff is permitted to withdraw the same.

Both IAs stand disposed of.

C.c as per rules.