MODULA INDIA Vs. KAMAKHYA SINGHDEO

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated August 24, 2012 passed in C. S. No.568 of 1979. The above suit was decreed on contests with costs against the defendant/appellant. The plaintiff/respondent got a decree for recovery of possession against the appellant by evicting him from the suit premises with a direction upon the appellant to deliver khas possession of the suit premises. The respondent also got a decree for recovery of Rs.40,950/- against the appellant as damages. The decree of mesne profits was passed in favour of the respondent from the date of institution of the suit till the date of delivery of khas possession of the suit premises in his favour, the quantum of which was directed to be determined in a separate proceeding under Order 20 Rule 12 of the Code of Civil Procedure.

(2.) The facts of the case are as under:

(3.) Since the appellant did not deliver the vacant possession of the Flat under reference in the suit premises, the respondent filed the suit out of which this appeal arises.