LAWS(ALL)-2024-2-139

MAHESH CHAND Vs. BRIJESH KUMAR

Decided On February 15, 2024
MAHESH CHAND Appellant
V/S
BRIJESH KUMAR Respondents

JUDGEMENT

(1.) This is a plaintiff's second appeal. It arises out of a suit for eviction, recovery of arrears of rent and mesne profits.

(2.) The plaintiff's suit aforesaid, being O.S. No.250 of 1974 was decreed by the Trial Court for eviction, recovery of arrears of rent from 1/7/1972 to 15/5/1974 and mesne profits from the date of determination of tenancy at the rate of Rs.10.00 per day.

(3.) The defendant-respondent appealed to the District Judge of Bulandshahr from the Trial Court's decree, which was numbered as Civil Appeal No.409 of 1981. The plaintiff filed a separate appeal from the Trial Court's decree, seeking enhancement of the mesne profits awarded. This appeal was numbered as Civil Appeal No.20 of 1982. Both the appeals were consolidated, heard together and decided by a common judgment, but separate decrees passed by the learned Special Judge/ Additional District Judge, Bulandshahr dtd. 27/7/1992. The defendant's appeal was allowed whereas that by the plaintiff dismissed.