KEDAR NATH Vs. SUNIL KUMAR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the JUDGMENT of the learned District Judge, Kangra in Civil Appeal No. 19 -P -XIII/1996 decided on 18.7.1997 whereby he has allowed the appeal of the plaintiffs and set -aside the JUDGMENT and decree of the learned trial Court dated 18.11.1995 dismissing the suit of the plaintiff. The plaintiffs have also filed cross -objections wherein their grievance is that the District Judge should have also awarded mesne profits/use and occupation charges in favour of the plaintiffs and against the defendant.

(2.) BRIEFLY stated the facts of the case are that Shri Thakar Dass, predecessor -in -interest of the respondents here -in filed a suit seeking eviction of the defendant Chandermani, predecessor -in -interest of the present appellant from a shop measuring 15x15 feet alongwith godown situate in Khata No. 126 min, Khatauni No.484, Khasra No.1731, in Mohal Kothi, Mauja Paprola, Tehsil Baijnath, District Kangra (here -in -after referred to as the suit property).

(3.) THE defendant resisted the suit on various grounds. The two main grounds raised were that the plaintiff is not the owner of the suit premises and that there is no relationship of landlord and tenant between the plaintiff and the defendant. The case of the plaintiff was that in fact the suit property was part of the land which was Shamlat and was donated by the proprietors to one Shri Baba Mangal Sain Bairagi prior to 1951 -52. The said Baba had constructed a temple and suit premises on the land in question after collecting public donations and the defendant was appointed as Mohtmim (Manager) of the said charitable endowment and was in possession of the land/property in the said capacity. It was also prayed that the suit was bad for non -joinder of necessary parties.