BALDEV PARSHAD Vs. KISHAN CHAND

JUDGEMENT

(1.) THE matter in controversy is covered by the decisions of this Court.

(2.) BALDEV Parshad filed a civil suit for mandatory injunction directing Kishna Chand and others to put him in possession of 8 rooms of the house. The suit was decreed on September 19, 1983 by the trial Court. Kishan Chand and others challenged the said decree before the District Judge who passed interim order staying operation of the decree subject to furnishing security for mesne profits to the satisfaction of the Executing Court. In response thereto two securities to the extent of Rs. 10,000/- each as asked by the Executing Court were furnished by Kishan Chand and others. The appeal was finally dismissed by the District Judge on April 12, 1985 and subsequently a regular second appeal filed by the defendants also failed. Thereafter possession was delivered to the present petitioner.

(3.) BALDEV Parshad in the executing Court applied under Section 145 of the Code of Civil Procedure for recovery of mesne-profits as per security furnished. The mease-profits were claimed at the rate of Rs. 200/- per month for the period from November 19, 1985 to October 26, 1985. In all a sum of Rs. 4,600/- was claimed as mesne profits. The application was contested and the following issues were tried by the Executing Court :-1. Whether the application is not maintainable ? OPR 2. Whether the respondents are liable to pay Rs. 4,600/-as mesne profits to the applicant under the surety bond dated 1-11-1983?opa 3. Relief.