SHANTI SWAROOP TRUST Vs. KAILASH WATI

JUDGEMENT

(1.) Dr. Shanti Swaroop Trust (Registered) and four others (hereinafter shortly referred to as the Trust) are the appellants. All the appellants were defendants in the trial Court. In this Regular Second Appeal under section 100 of the Code of Civil Procedure, appellants have assailed the judgment and decree dated November 27, 1985 of the learned Addl. District Judge, Shimla. Both the Courts below, by concurrent findings, have decreed the suit for possession of the premises in dispute.

(2.) The bone of contention in between the parties is the Top Floor of Shop No. 36, Middle Bazar, Shimla, contained in Khasra No. 42 measuring 242 square feet (hereinafter referred to as the disputed premises).

(3.) Plaintiffs have filed a suit for possession of the aforesaid disputed premises and further claimed Rs. 500 on account of damages for its unlawful use and occupation by the defendants.