Petitioner landlord challenged an appellate order staying eviction execution and directing mesne profit payment instead of rent. Court dismissed writ petition citing non-interference under Article 227 but directed expedited hearing.
Writ petition dismissed; direction to first appellate court to hear appeal expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
: O R D E R :
S.B. CIVIL WRIT PETITION NO.28/2013
Jeev Raj Manoj Kumar
Vs.
Brahma Prakash
Date of Order ::1.2.2013
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Sajjan Singh, for the petitioner.
BY THE COURT:
This writ petition has been filed by the petitioner-landlord seeking to question the order passed by the learned appellate court dated 15.12.2012 (Annex.7) whereby while staying the execution of the decree for eviction it has ordered for payment of mesne profit @ Rs.4500/- per month in place of the rent which was Rs.301/- per month.
It is submitted by learned counsel for the petitioner that in view of the evidence produced by the petitioner before the learned first appellate court, the amount of mesne profit @ Rs.4500/- per month is wholly inadequate and against the evidence available before the Court.
Having considered the submissions made by the learned counsel for the petitioner, this Court is of the opinion that once the learned first appellate court has exercised its jurisdiction based on the material available before it ordinarily, it would not be open to question the same under writ jurisdiction under Article 227 of the Constitution of India.
2
In view thereof, the writ petition is dismissed. However, looking to the circumstances of the case that the suit for eviction is pending for long and the appeal is also pending before the appellate court from last about a year, the learned first appellate court is directed to hear the appeal expeditiously.
(ARUN BHANSALI), J.
rm/-
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction under Article 227 to question the order of the learned first appellate court regarding adequacy of mesne profit.
Jeev Raj Manoj Kumar
Brahma Prakash
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
