VIRENDER KUMAR Vs. SANJAY KUMAR

JUDGEMENT

(1.) Instant Regular Second Appeal filed under Sec. 100 of the Civil Procedure Code, is directed against the judgment and decree dated 15.6.2005, passed by learned Additional District Judge, Solan, District Solan, H.P., in Civil Appeal No. 21-NL/13 of 2003, reversing the judgment and decree dated 28.3.2003, passed by the learned Sub- Judge, Nalagarh, District Solan, H.P., in civil Suit No.372/1 of 1998/2001, whereby suit for mandatory injunction and in the alternative suit for possession having been filed by the respondents/plaintiffs came to be dismissed.

(2.) Briefly stated facts as emerge from the record are that the respondents (hereinafter referred to as the plaintiffs) filed suit for mandatory injunction and in the alternative suit for possession against the appellants (hereinafter referred to as the defendants) seeking therein direction to the defendants to handover the possession of the suit property namely one Godown, measuring 19.50 Sq. mtrs, bearing Khasra No. 1034, comprised in khewat/khatauni No. 230/248 min situated in the area of ward No.5, up-muhal Naya Nalagarh, Tehsil Nalagarh, District Solan, H.P. and for mense profits at the rate of Rs.1000.00 per month for use and occupation of the disputed property since 11th Oct., 1998 till the date of handing over the possession and in the alternative for possession of the suit property.

(3.) In nutshell, plaintiffs' case before the Court below was that they are owners of the suit property, which was inherited by them from their predecessor-in-title Smt. Vidyawati. As per plaintiffs, predecessor-in-title of the defendants Sh. Madan Lal and Smt. Vidyawati were in possession of the property and there was litigation and the possession of same property was handed over by Smt. Vidyawati to Sh. Madan Lal, who further handed over the possession to Smt. Vidyawati in Khangi Panchayat. Sh. Madan Lal requested said Smt. Vidyawati to give him a store to keep articles as he was in shortage of place and accordingly Smt. Vidyawati handed over the possession to Sh. Madan Lal. After the death of Sh. Madan Lal, defendants continued to be in possession of said store. Since, the plaintiffs were in need of suit property for their own use, they terminated the licence issued on 21.9.1998 and demanded possession on or before 10.10.1998. Since, the defendants failed to handover the possession, plaintiffs filed the instant suit.