DEVI CHARAN Vs. RANPAT SINGH

JUDGEMENT

(1.) The two plaintiffs in the suit have filed the suit against 20 defendants praying for the following reliefs against defendants 1 to 13:

(2.) Before I deal with the rival contentions of the parties I want to place on record what happened earlier in this case between the parties. The plaintiff filed application for a direction to the defendants to deposit the mesne profits on the ground that they are in unlawful possession of the propoerty. On 25.09.1995, an order was passed by this court directing the defendants to deposit a sum of Rs. 5000.00 every month and directing them to deposit a sum of Rs. 3,17,500.00 on or before 31.03.1996 towards damages for use and occupation for the period from 16.08.1990 upto 30.11.1995.

(3.) The contesting defendants took up the matter in appeal before the Division Bench. In the Appeal bearing No. FAO(os) No. 305/95 and C.M No. 3626/95 the Division Bench passed the following order: The amount already deposited by the applicants pursuant to our orders dated 27.11.1995 is permitted to be withdrawn by the plaintiffs/respondent without security. As a condition for continuance of the further stay, we direct the appellant to deposit further amount of 25% within 4 weeks from today. That amount as and when deposited is permitted to be withdrawn by the Plaintiff/Respondent without security. The appeal appears to be still pending before the Division Bench.