SUDHA VERMA Vs. RADHAVALLABH SHARMA

JUDGEMENT

(1.) The sole question that arises for consideration before this court is as to whether the direction for grant of mesne profit can be extended in favour of the appellants in the absence of any pleading and prayer made by the plaintiff.

(2.) Before deciding the above said question, it is appropriate to detail the series of litigation which this case has gone through.

(3.) This first appeal was filed assailing the judgment and decree dated 12/09/1997 in Civil Suit No. 3 A/1988 and Civil Suit 4 A/1988 whereby the Additional District Judge, Shivpuri while decreeing the civil suit No. 3 A/1988 of the respondent No. 1/ plaintiff dismissed the Civil Suit No. 4 A/1988 for declaration of title, possession and permanent injunction filed by the appellants against the respondent No. 1.