PARKASH CHAND Vs. HANS RAJ

JUDGEMENT

(1.) This appeal is directed against the decree and judgment dated 30-1-1989 passed by District Judge, Mandi, Kullu and Lauhal Spiti Districts at Mandi whereby the appeal of the appellants-defendants was rejected and the cross-objections of respondents-plaintiffs were accepted. The District Judge has affirmed the decree of the trial Court so far it pertains to the possession of the property in dispute and permanent injunction restraining the appellants-defendants from making any sort of alteration etc. in the property in dispute. The decree for recovery of Rs. 150.00 being damages at the rate of Rs. 300.00 per month from 11-10-1977 to 24-10-1977 was modified and the respondents-plaintiffs were held entitled to future mesne profits at the rate of Rs. 300.00 per month from 24-10-1977 onwards till the delivery of the possession of the property in dispute. The respondents-plaintiffs were ordered to make good the deficiency in court fee within a period of fortnight.

(2.) The property in dispute is a double storeyed building consisting of one room in the ground floor and two rooms and two covered Varandas in the upper floor standing on land Comprised in Khasra No. 1449 measuring 0-3-0 Bighas situated in Phati Shamshi, Kothi Khokhan, Tehsil and District Kullu as per Jamabandi for the year 1963-64.

(3.) The parties are relations. They had common ancestor Sohnu, their grand-father. Sohnu had one son, namely, Dina Nath from his first wife and three sons, namely, Ram Rattan, Ram Dass and Durga Dass from his second wife. In the present litigation sons of two brothers Ram Rattan and Ram Dass are only parties. The respondents-plaintiffs are sons of elder brother Ram Rattan, appellants-defendants 1 to 5 are sons of younger brother Ram Dass and appellant-defendant No. 6 Smt. Mansha Devi is widow of Ram Dass.