KALI RAM THAKUR Vs. MANORMA DEVI

JUDGEMENT

(1.) THIS judgment shall dispose of the regular second appeal filed by the appellant/defendant under Section 96 of the Code of Civil Procedure read with Section 20 of the Himachal Pradesh Courts Act, 1976, against the judgment and decree passed by the learned District Judge, Shimla, dated 23.6.1997, vide which the suit for declaration and for possession in the alternative, filed by the respondents as plaintiffs was decreed as against the appellant. This judgment shall also dispose of the cross -objections filed by the respondent/plaintiffs for the grant of decree for a sum of Rs. 90,000/ - on account of mesne profit with future mesne profits at the rate of Rs. 30,000/ - per annum from the date of suit till the date of handing over the possession of the suit property to the respondent/plaintiffs.

(2.) BRIEFLY stated the facts of the case, as alleged by the plaintiffs, are that the land in suit belonged to Ishwar Dass, now deceased, and the plaintiffs claimed that the entries in the revenue record showing the defendant as owner in possession are wrong, illegal, void and they filed the suit for possession also as well as for recovery of Rs. 90,000/ - on account of mesne profits. It was alleged that the said Ishwar Dass purchased the suit land on 28.7.1966 vide registered sale -deed for a sum of Rs. 3,500/ -. The mutation was also attested in favour of said Ishwar Dass on

(3.) ON the pleadings of the parties, following issues were settled by the learned trial Court: