SHANTABAI Vs. THAKURLAL

JUDGEMENT

(1.) Undaunted by unsuccess in two Courts below, the defendant has filed this Second Appeal under Sec. 100 of the Code of Civil Procedure against the judgment and decree dated 5.2.1992 passed by the Third Addl. Judge to the Court of District Judge, Ratlam in Civil Regular Appeal No. 13-A/88 (Old No. 17-A/82) thereby upholding the judgment and decree dated 5-4-1982 passed by Second Civil Judge Class II, Jaora in C.O.S. No. 3-A/80 directing the appellant to vacate and hand-over the possession of the disputed house to the Respondent and to pay the mesne profits @ Rs. 50.00 per month from the date of the suit i.e. 8.1.1980 till delivery of possession.

(2.) The sale-deed of the disputed house is Ex. P/1. The permission for construction of the house is Ex. P/2. The appellant-defendant is admittedly residing in the disputed house.

(3.) The Respondent has filed the cross objection under Order XLI Rule 22 of the Code of Civil Procedure on 16.7.1992 for leave to question the validity of the findings adverse to the Respondent.