KAMINI SOOD Vs. SAPNA PURI

JUDGEMENT

(1.) Parties in present appeal, for convenience, shall be referred according to their status in the Civil Suit. As such, appellant shall be referred as defendant No.2, respondent No.1 shall be referred as plaintiff and respondent No.2 shall be referred as defendant No.1.

(2.) Present appeal has been preferred against the judgment and decree dtd. 28/8/2021, passed by Additional District Judge (I), Shimla, in Civil Appeal No.37-S/13 of 2018, titled as Sapna Puri v. Vijay Sood and another, whereby judgment and decree dtd. 7/7/2018, passed by Civil Judge, Court No.4, Shimla, in Civil Suit RBT No.72-I of 2015/10, titled as Sapna Puri versus Vijay Sood and another, has been modified and instead of passing a decree for possession against defendant No.1, decree of possession has been passed against both defendants, and plaintiff has also been held entitled for use and occupation charges at the rate of Rs.3,000.00 per month with effect from 29/7/2020 till the suit property is vacated and possession is handed over to the plaintiff, making both defendants liable jointly and severally.

(3.) Appeal was admitted on the following substantial of questions of law: