MEERA DEVI Vs. DAYA RAM

JUDGEMENT

(1.) THIS judgment shall dispose of RSA No.110 of 2001 and Cross Objections No. 222 of 2002 arising out of judgment, decree dated 06.10.2000 passed by learned Additional District Judge,Solan, in Civil Appeal No.23-S/13 of 1999 modifying judgment, decree dated 01.06.1999 passed by learned Sub Judge Ist Class, Solan ( Additional Charge) in Case No.262/1 of 1996. The facts are given from RSA No.110 of 2001.

(2.) THE facts, in brief, are that respondent had filed a suit for recovery of Rs.20,000/- against the appellants alleging that Rajesh Kumar was co-owner in exclusive possession of Khasra No. 38, measuring 4 bighas 2 biswas with Om Parkash and others. The appellants are wife and son of Om Parkash.

(3.) THERE was some dispute between appellants and Rajesh Kumar. The appellants out of jealousy on 22.04.1996 uprooted tomato crop of respondent wrongfully and illegally with an intention to cause loss to the respondent. The tomato plants were fully grown and were at fruit bearing stage.