SHIOCHARAN SHANKARRAO SADAFALE Vs. ARUN SADASHIORAO SADAFALE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant-original defendant has challenged the judgment and decree dtd. 23/11/2005 passed by Additional District Judge, Amravati in Regular Civil Appeal No. 172/1998, arising out of judgment and decree dtd. 28/8/1997 passed by Jt. Civil Judge Junior Division, Achalpur in Regular Civil Suit No. 129/1994.

(3.) The plaintiff had filed suit for recovery of possession of the house and for recovery of damages at the rate of Rs.18.00 per month for the unauthorised occupation of the disputed house by the defendant. The trial court decreed the suit as regards possession and also directed the inquiry for mesne profit. While doing so, the trial court has directed recovery of Rs.900.00 from the defendant towards mesne profit for unauthorised occupation of the disputed house till the date of filing of the suit. The first appellate court has dismissed the appeal.