SUNDAR Vs. SUBEDAR RAM DASS

JUDGEMENT

(1.) This is a defendants' appeal and is directed against a judgment and decree of the learned District Judge, Mandi and Chamba districts, whereby an appeal against the dismissal of the suit filed by respondent No. 1 against the appellants and respondent No. 2 was accepted in part and a decree was passed for recovery of possession of the disputed land. The learned District Judge did not decree the claim for the past mesne profits and made the parties to bear their costs throughout and a cross-objection has been filed by respondent No. 1 against that part of the decree.

(2.) The suit filed by the plaintiff was based on the following allegations:- 10 biswas and 12 biswansis of land comprised in hasara No. 669 situate in village Datwad belonged to the Mandi Darbar and the defendants and some other persons were in occupation of the aforesaid land as tenants-at-will. The Mandi Darbar granted the aforesaid land to the plaintiff who instituted ejectment proceedings against the defendants in the revenue Court and in pursuance of an order of ejectment passed in those proceedings obtained possession over the aforesaid land and some other land on 10-5-1949. After about a month the defendants dispossessed the plaintiff from the disputed land.

(3.) On the above allegations the plaintiff claimed recovery of possession of the disputed land and Rs. 150/- as past mesne profits.