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Fusa Ram & Anr. vs. Seth Kalyan Ji Shobagchandra Jain & Ors.

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Code of Civil Procedure, 1908–Order 41, Rule 5–Mesne profit at the rate of Rs. 3,000/- per month from the date of decree–Order of–Under challenge–Plea of petitioners that they were paying the rent in tune of Rs. 125/- per month and Rs. 80/- per month respectively–They have not produced any proof to show that the rent of adjacent shops is much lower than the rent claimed by the respondent–Further, the landlord is not bound by the contractual rate of rent which was prevalent prior to the date of decree–Interference declined.