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Om Prakash Mishra vs. LR’s of Late Sh. Mohan

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Code of Civil Procedure, 1908–Order 41, Rule 5–Prayer for enhancement in mesne profit during the first appeal–Small portion of property is in the possession of appellant, and it is not for commercial use–Plaintiff claimed the rent of complete premises Rs. 3,000/- per month in the year 2012 –Mesne profit was enhanced to Rs. 5,000/- in the year 2013–An amount more than Rs. 5,000/- cannot be arrived at by the enhancement of 5% of the rent per year–Declined to accept the prayer.