AMAR CHAND, SHRI SUNDER SINGH Vs. GORKHI DEVI

JUDGEMENT

(1.) SMT . Gorkhi (plaintiff) filed a suit for possession of the suit premises against defendants Sh. Amar Chand and Sh. Sunder Singh in terms of judgment and decree dated 27.7.2001 passed in Civil Suit No.11/2000, titled as Smt. Gorkhi vs. Amar Chand and another. The Trial Court decreed the suit in following terms: - Judged in the light of my findings on the forgoing issues, and the factum that the plaintiff has led no iota of -evidence on this file to prove her contentions that how she is entitled to claim the mesne -profit of Rs. one -hundred per -month w.e.f. 1/1/2000 from the defendant. So, therefore, the suit of the plaintiff is partly -decreed with no orders as to the costs, for getting vacant - possession of the suit -property, by way of ejectment of the defendants, and suit of the plaintiff is also decreed for getting recovery of arrears of -rent to the tune of Rs. 1800/ - in total, from the defendants, but her relief -claiming -for mesne -profit to the tune of Rs. 100/ - per month w.e.f. 1/1/2000 from the defendants, for the use and occupation of the suit -property by them is - dismissed. Decree -sheet be prepared -accordingly. This file, after its due completion, be consigned to the General -Record -Room. -

(2.) THE said judgment and decree stand affirmed by the learned District Judge, Kullu vide its judgment and decree dated 5.3.2002 passed in Civil appeal No.88/200 1, titled as Amar Chand and another v. Smt. Gorkhi Devi.

(3.) ON 13th September, 2002, present appeal was admitted on the following substantial questions of law: -