KRISHAN CHAND AND ANOTHER Vs. SURAT SINGH

JUDGEMENT

(1.) HAVING kept the law laid down by Hon'ble Apex Court in case Kashmir Singh vs. Harnam Singh & Anr. : 2008 (2) R.C.R. (Civil) 688 : AIR 2008 (SC) 1749 into focus, now the short and significant question, though important that arises for determination is, as to whether any substantial question of law is involved in the instant regular second appeal, so as to invoke the jurisdiction vested in this Court under Section 100 C.P.C or not ?

(2.) CONCISELY , the facts, culminating in the commencement, relevant for the limited purpose of deciding the indicated core controversy, involved in the present regular second appeal and emanating from the record, are that the civil suit filed by Surat Singh son of Ganesha respondent -plaintiff (for brevity "the plaintiff") for a decree of recovery of mesne profits on account of illegal use and occupation of land in dispute measuring 2 marlas, situated within the revenue estate of village Sukhdaspur, Tehsil Jagadhri, District Yamunanagar, was decreed by the trial Court and Krishan Chand son of Puran Chand and his son Tara Chand appellant -defendants (for short "the defendants") were directed to pay him the mesne profits at the rate of Rs. 300/ -per month from 7.2.1994 till the delivery of possession, by virtue of impugned judgment and decree dated 19.4.2004.

(3.) THE appellant -defendants still did not feel satisfied with the impugned judgments and decrees of the Courts below and preferred the present regular second appeal.