PARTAP SINGH Vs. SHIV RAM

JUDGEMENT

(1.) The present appeal is directed against an order passed by the High Court of Himachal Pradesh on 19th September 2016 whereby the defendant's second appeal was allowed and the suit for a permanent injunction, mandatory injunction and rendition of accounts was dismissed.

(2.) The suit was filed by plaintiff No. 1 claiming himself to be the owner of land measuring 53 Bighas 11 Biswas and plaintiff No. 2 claiming herself to be the owner of land measuring 12 Bighas 16 Biswas. The plaintiff No. 1 claimed to be ex-ruler of an erstwhile princely state of Dhami and that had been getting his property managed through various persons. The assertion of the plaintiffs is that the defendant was appointed as a Manager to look after and manage the property and was liable to render accounts to the plaintiffs after each crop harvest i.e. twice a year. The defendant had been rendering the accounts and used to be paid 10% management charges of the income of properties. The defendant was also required to maintain a register for keeping the account of income and expenditure as well as an inventory of the property of the plaintiffs.

(3.) The plaintiffs allege that there was misfeasance by the defendant, therefore, they terminated the agency and asked him to hand over the charge of the properties. In view of the said assertion, the suit for a permanent injunction, mandatory injunction and for possession of 8 plots of land measuring 13 Bighas 14 Biswas was filed.