MOHAN SINGH Vs. DEOTA JI BHARMOL

JUDGEMENT

(1.) This second appeal by a defendant arises out of a suit for possession of land and rnesne profits. The trial Court (Subordinate Judge of Theog) granted a decree for possession as well as for Rs. 384/- as mesne profits.. The defendant then went up in appeal to the learned District Judge. There, the plaintiff withdrew his claim for mesne profits. The District Judge then heard arguments on the rest of the appeal and, eventually, dismissed the appeal, subject to this modification that the decree as to mesne profits passed by the trial Court was set aside. The defendant now comes up in second appeal,

(2.) When this- appeal came up for hearing, doubt was expressed as to whether the second appeal was competent, under the circumstances. Learned counsel took time to study this point and their arguments on this point were heard. The suit was valued at Rs. 310/- for the relief of possession and at Rs. 512/- on account of mesne profits. The claim for mesne profits was given up before the Court of appeal and, therefore, we are left only with the relief of possession, which was valued, as already stated, at Rs. 310/-. The area of the land involved is about two bighas.

(3.) Second appeals to this Court are governed by para. 32 of the Himachal Pradesh (Courts) Order. This being a land suit, the right of appeal would be governed by the provisions of para. 32(1)(b), Himachal Pradesh (Courts) Order, which runs as follows: