MOHANLAL SHARMA Vs. GHANSHYAM SHARMA

JUDGEMENT

(1.) THIS appeal under Section 100 of the CPC is at the instance of the defendants in the suit challenging the judgment of the first appellate Court dated 13/4/1999 passed in CA38 -A/1997 affirming the judgment of the trial Court dated 17/7/1997 passed in CS No.42 - A/1991. The trial Court had decreed the suit filed by the respondents.

(2.) THE respondents had filed the suit for declaration, possession and mesne profits pleading that the respondent's father Balmukund Sharma was the owner of the suit land with dilapidated construction and he had also obtained the construction permission from the municipal corporation vide Misel No.19/50 -3 dated 4/8/1950 but for some reasons the construction could not be raised. After the death of Balmukund Sharma, respondents became the owner of the suit property. Five years prior to filing of the suit, on the request of the appellants the suit property was given to the appellants by the respondents temporarily for running a press but on 17/7/1991 they had started digging plinth on the suit land and they did not vacate the suit property inspite of the request of the respondents, therefore, the suit was filed.

(3.) THE trial Court had decreed the suit filed by the respondents finding them to be the owner of the suit property and also finding the respondents to be entitled to the decree of possession. The prayer for mesne profits was rejected by the trial Court. The said judgment and decree of the trial Court has been affirmed by the first appellate Court.