RADHA KRISHAN TICKOO Vs. BHUSHAN LAL TICKOO

JUDGEMENT

(1.) THIS is a second appeal by defendants 1 and 2 Pt. Radha Krishen Tickoo, and Pt. Vaid Lal Tickoo, against the Judgment, and the decree of the District Judge, Srinagar, dated 19 -4 -1964, decreeing without cost the plaintiffs suit for possession, but on payment of Rs.1000 as compensation for improvements, over one half of a house after setting aside the judgment and decree, dated 19 -11 -1962 of the Sub -judge (Chief Judicial Magistrate) Srinagar, who had dismissed the plaintiffs suit.

(2.) THE plaintiff -respondent also has filed before us cross -objections, asking for cost and mesne profits from the date of the suit. He has also challenged the order of the learned District Judge for payment of the compensation to the appellants.

(3.) THE plaintiff, Shri Bhushan Lal Taploo, is the only son of Pt. Jia Lal Taploo, who was pro forma defendant No. 3, in the suit, and now respondent No. 3 in this appeal. Raja Ram was the father of Sridhar Joo Tickoo, the Original defendant No. 1, and Vaid Lal Tickoo defendant No. 2. Sridhar died after the filing of the suit, and his son Radha Krishen was since substituted in his place as defendant No. 1.