MEHAR CHAND Vs. SMT. KAUSHALYA DEVI AND ORS.

JUDGEMENT

(1.) THIS is a Regular Second Appeal under Section 100 Code of Civil Procedure filed by the Appellant against the judgment and decree of the Court of learned District Judge, Kangra at Dharamshala, dated 16.6.1997, vide which he affirmed the judgment and decree dated 26.4.1996 passed by the learned Sub Judge Ist Class, Court No. 2, Palampur.

(2.) BRIEFLY stated, the facts of the case are that original Respondent No. 1 Chandu Ram, now represented by his legal heirs, hereinafter referred to as 'the Plaintiff', filed a suit for possession and for recovery of Rs. 18,000/ -as against the Appellant, who was impleaded as Defendant No. 2 and as against proforma Respondent No. 2, who was impleaded as Defendant No. 1. The Plaintiff alleged that he is owner of the shops 'ABCD' as shown in the site plan, situated in the land Khasra No. 1425 measuring 0 -00 -48 Hects. The Defendant has occupied the said shops for Store -cum -Sale office for the goods of Co -operative Society -cum -Sale Centre in village Arla. It was pleaded that Defendant No. 2 has no right, title or interest in the suit property. The Plaintiff approached the Defendants number of times to hand over the possession, but it was not handed over, hence the suit filed by the Plaintiff for possession as well as for recovery of Rs. 18,000/ -as use and occupation charges for 3 years with effect from 1.11.1989 to 31.10.1992 at the rate of Rs. 500/ - P.M.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court: