LAWS(MPH)-2005-12-6

BASODI ALIAS MUNSHILAL Vs. MEERA BAI

Decided On December 15, 2005
BASODI ALIAS MUNSHILAL Appellant
V/S
MEERA BAI Respondents

JUDGEMENT

(1.) Respondents/plaintiffs have preferred this appeal under Section 100 of CPC being aggrieved by the judgment and decree dated 17/1/1990, passed by Additional District Judge, Harda Camp Sohagpur in Civil Regular Appeal No. 27-A/97 reversing the judgment and decree dated 9-12-1986 passed by Civil Judge, Class-II, Sohagpur in Civil Original Suit No. 4-A/1984 regarding dismissal of the suit.

(2.) This appeal was admitted by this Court on dated 29-11-1990 on the following substantial questions of law : "Whether the decree for mesne profits at the rate of Rs. 50/- per month from the year 1981 to the date of delivery of possession granted by the first appellate Court in excess of the claim made by the plaintiff in para 8 and relief Clause 12(Kh) of the plaint

(3.) The facts of the case are that Kishanlal the predecessor of the respondents' has filed a suit for possession and the mesne profit against appellants in respect of a plot situated on Survey No. 103 measuring 40' x 60' at village Ajabgaon, TaHsil Sohagpur. The mesne profit was claimed at the rate of Rs. 120 per annum. In written statement of the appellant the averments of the plaint are denied. The claim of mesne profit was also denied.