UNION OF INDIA Vs. SALIG RAM ATTRI

JUDGEMENT

(1.) THIS is the defendants' Regular Second Appeal filed under Section 100 of the Code of Civil Procedure.

(2.) PLAINTIFF (respondent herein) filed a suit for recovery of possession and arrears of rent/mesne profits against defendants (appellants herein). Trial Court decreed the suit vide judgment and decree dated 3.5.2001 passed by Senior Sub Judge, Solan, District Solan, H.P. in Civil Suit No. 34/1 of 2000/98, titled as Salig Ram Attri v. Union of India & another. Findings of fact, judgment and decree to a large extent, stands affirmed by the District Judge, Solan, H.P., vide judgment and decree dated 23.11.2001, passed in Civil Appeal No. 23 -S/13 of 2000, titled as Union of India & another v. Salig Ram Attri, in an appeal filed by the defendants.

(3.) FACED with this situation, plaintiff filed a suit for recovery of possession and arrears of rent/mesne profits. Plaintiff claimed arrears of rent @ Rs. 2000/ - per month for the period 15.4.1995 to 30.4.1997 and for a period thereafter mesne profits till 15.4.1998, the date of presentation of plaint. He also claimed damages for use and occupation of land adjoining to the tenanted premises which stood encroached upon by the defendants.