DEVESH CHANDRA GUPTA Vs. DINA NATH

JUDGEMENT

(1.) The plaintiff-appellant of Suit No. 437 of 1981, Devesh Chandra Gupta, claimed the following reliefs in the suit :-

(2.) The suit was decreed by the trial court on 21-10-1982, in particular, granting relief (A) directing the defendants for handing over the vacant possession of the suit property within a period of three months failing which the plaintiff was entitled to have possession through the agency of the court at the costs of the defendants, and also the relief (C) decreeing the claim relating to pendente lite and future damages at the rate of Rs. 125-00 per month, subject to the adjustment of the amount deposited by the defendants, and the liability was to continue till the suit property was vacated by the defendants. The lower appellate court on 24-12-1985 set aside the said decree of the trial court where against the present second appeal, filed in this Court, was admitted on the following substantial question of law. "Whether the suit of the plaintiff was maintainable against the defendants."

(3.) The brief facts relating to the controversy under the substantial question are -