KHUSHBIR ANAND Vs. EAST INDIA HOTELS LTD.

JUDGEMENT

(1.) Appellant is aggrieved by the judgment and decree dated 21.7,1997, passed by the learned District Judge, Shimla, in c.a. No. 149 -S/l 3 of 1995 upholding the decree passed by the trial Court in civil suit No.228/1 of 1992, dated 30.3.1995. Trial court had decreed the suit of the respondent for possession in respect of Quarter No.6, Block 5, i.e. premises in dispute, as detailed in the plaint.

(2.) Respondent filed a suit for mandatory injunction as well as for possession against the appellant on the plea that one late Shri Mohan Lal was tenant in respect of quarter No.6, Block No, 5, Cecil Hotel, Shimla -4. Till his death, i.e. 10.12.1990, he was in occupation of the premises. Monthly rent of the demised premises was rupees 151 - plus rupees II - as water charges. He was inducted as tenant in 1966.

(3.) Further case of the respondent was that the appellant is a trespasser into the premises and continues to be in possession without having any right, title and interest to remain in forcible occupation thereof. Thus, he is liable to pay rupees 50/ - per -rnonth as mesne profits. According to them, amount of mesne profit for the period 1.1.1991 to 31.5.1992 works out to rupees 850/ -. for this amount also decree was prayed.