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Ishwar Nath Bhargava thr. LR’s. vs. Kanhiya Lal thr. LR’s.

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Code of Civil Procedure, 1908–Order 41, Rule 5–Application for granting mesne profit–Matter of eviction–Eviction suit was instituted in year 1992–Premises is situated in a commercial area in the heart of Jaipur City–Present rent is Rs. 250/- per month–Held, it would be reasonable to fix the mesne profit @ Rs. 50,000/- per month–In failure of payment of mesne profit, respondents would be entitled to get executed the decree of eviction even during the pendency of second appeal.