JUDGMENT 1. - The matter comes up on Misc. Application under Section 151 read with Order 41, Rule 5 C.P.C. filed by plaintiff respondent for grant of mesne profits during the appeal. 2. The contention of the applicant is the rented premises is measuring 521 Sq. Meters and situated in commercial area opposite Railway Station. In 2006, the provisional standard rent was fixed at Rs. 6,000/- and now the Court below has fixed standard rent at Rs. 10,000/- but looking to the commercial value of the premises, mesne profits be fixed as Rs. 30,000 /- per month and two lease agreements have also been placed on record along with the application. The contention of the respondent is that the property is only an open land, initially it was rented for Rs. 50/- per month, land lord has not provided any enmity of water or electricity, for reaching the disputed land, the lane is only 2 ft. wide, it is not a commercial premises and he is depositing the rent provisionally determined under Section 1 of the Act. 3. Heard the learned Counsel for the parties on application and perused the relevant documents as well as considered the contention of the parties. 4. The contention of the plaintiff is that a reasonable mesne profits be fixed for the disputed property and his contention is that there is no limitation to confine the amount of mesne profits to the extent of standard rent and reliance has been placed of Pokhardas v. Govind Sharan & Anr., 2012(3) WLC (Raj) 438 .The contention of the respondent is that no piece of evidence has been produced by the applicant which can be made a basis for determination of mesne profits and when the Court below has provisionally fixed rent of Rs. 6000/- per month, there is no reason to enhance it. Two lease deeds have been placed by the applicant for determining the mesne profits but it cannot be made a basis for determination of the disputed property as one rent deed dated 1.4.2006 is of commercial establishment whereas indisputably, the present premises is not a commercial establishment. 6000/- per month, there is no reason to enhance it. Two lease deeds have been placed by the applicant for determining the mesne profits but it cannot be made a basis for determination of the disputed property as one rent deed dated 1.4.2006 is of commercial establishment whereas indisputably, the present premises is not a commercial establishment. The other rent note dated 1.8.2004 is in relation to house No. 239, Bihari Marg, Bani Park, Jaipur which is not in vicinity of the present premises, hence these tow documents cannot be made a basis of determination of mesne profits and same has to be determined on the basis of facts and circumstances of the case. 5. It is admitted case of the parties that in the year 2004, the provisional rent has been fixed at Rs. 6,000/- per month. There cannot be any dispute that after that, the rent and price of the immovable property has increased many folds, the area of impugned proper is 521 Sq. Meters and present appellant is admittedly Residing in it meaning thereby that construction is there, it can be disputed that Who has raised it. It has also been admitted in evidence that from Power House load, there is a direct way to this premises and after considering the merits of the case, the Court below has determined Rs. 10,000/- standard rent for the premises. The present appellant is also depositing Rs. 6,000/- per month as determined as provisional rent. Admittedly, the provisional rent has been fixed n the year 2004 and today we are running in 2014 and hike in rent and price of the immovable property is undisputed, if we presume minimum 5 % yearly hike n the rent, it will come around Rs. 9,250/- per month in 2013, hence it would be reasonable and proper to fix Rs. 10,000/- per month mesne profits of the disputed premises. 6. Accordingly the tenant appellant is ordered to pay Rs. 10,000/- per month as mesne profits to plaintiff land lord which shall be payable from 1.9.2013. The rent shall be payable by 10th of every succeeding month and continue to pay the same either to the landlord or deposit the same in his bank account. Amount that has become due now would be paid within one month from the date of receipt of certified copy of this order. The rent shall be payable by 10th of every succeeding month and continue to pay the same either to the landlord or deposit the same in his bank account. Amount that has become due now would be paid within one month from the date of receipt of certified copy of this order. In the event of failure of tenant to pay the mesne profits for a consecutive period of three months, plaintiff respondent shall be entitled to get the decree executedThe Appl. No. 16903 dated 24.8.2013 is accordingly allowed in the terms aforesaid.Application allowed. *******