RAMJAS FOUNDATION Vs. RAMA NAND VATS

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant under Section 100 CPC against the judgment dated 17.9.1996 passed by the learned Additional District Judge allowing appeal being R.C.A. No.59/1995 titled Rama Nand Vats vs. M/s. Ramjas Foundation and setting aside the decree and judgment of the trial court.

(2.) I have heard the learned counsel for the appellant and have also gone through the record. Briefly stated the facts of the case are that M/s. Ramjas Foundation, the appellant herein, filed a suit bearing No.570/1986 for possession of 426 square yards of land around Barrack No.1/7F, Anand Parbat Estate, New Rohtak Road, New Delhi, falling in Khasara No.1049/356 measuring 40 bighas and 6 biswas situated in the Revenue Estate of Village Chowkri Mubarakabad, Sidhora Khurd, Delhi, more particularly, shown in the green and red colours in the site plan purported to be attached with the plaint. In addition to this, the appellant had also sought recovery of a sum of Rs.8,946/ - being damages/mesne profits at the rate of Rs.3/ - per square yard, that is, Rs.1,278/ - per month for the period from 1.8.1985 to 28.2.1986.

(3.) AFTER the parties adduced their evidence, the trial court decreed the suit against the respondent/defendant on 15.3.1991.