AVTAR SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) DEFENDANT No.1 is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit of the plaintiff claiming mesne profits for unauthorized use and occupation of the premises in dispute from 1.8.1999 to 30.6.2002, was decreed.

(2.) THE plaintiff has claimed mesne profits against the defendants having remained in unauthorized possession after the decree for possession was passed against the defendants. The defendants were in unauthorized possession from 1.6.1986 till 3.7.2002, when the possession of premises in dispute was delivered to the plaintiff in execution of decree for possession. The plaintiff claims mesne profits at the rate Rs.2000/- per month.

(3.) BHUPINDER Singh, deceased son of Sant Singh-plaintiff, appeared as PW-1 and tendered his affidavit Ex.PW-1/A. Primarily reliance of the plaintiff to claim mesne profits is on judgment Ex.P-1 rendered by the Addl. Civil Judge (Sr. Dn.), Fatehgarh Sahib, on 30.11.2000, holding that plaintiff is entitled to mesne profits at the rate of Rs.700/- per month from 2.3.1990 to 2.3.1993. The said judgment was affirmed in appeal. In execution of the said judgment, the appellant has satisfied the decree as well. The Court has increased damages for use and occupation from Rs.700/- per month to Rs.1000/- per month on account of passage of time.