OM PRAKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated 28.2.1997 passed by the Additional District Judge, Shimla in Civil Appeal No. 67 S/13 of 1995/88 titled as State of H.P. Anr. v. Om Parkash and Anr. reversing the judgment and decree dated 11.3.1987 passed by the Senior Sub Judge, Shimla in Civil Suit No. 310/1 of 84/ 83, partly decreeing the plaintiffs' suit for recovery of money.

(2.) FOR the purpose of convenience, the appellants hereinafter are referred to as 'the plaintiffs' and the respondents herein are referred to as 'the defendants'.

(3.) PLAINTIFFS filed a suit for recovery of a sum of Rs. 1,47,600/ along with interest @ 12% per annum as rent/user charges for its building (hereinafter referred to as 'the building') occupied by the defendants and also adjoining vacant land comprising Khasra Nos. 5623/2, 5379 and 5363/ 1 measuring 7 bighas 6 biswas situated in Chak Nainar, Tehsil Jubbal, District Shimla, M.P.