JAGTAR SINGH Vs. RAJENDRA PAL & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties on stay petition.

(2.) It is submitted by learned counsel for the appellant that appellant is in possession of the property since last 30 years and since the appeal has already been admitted, therefore, during the pendency of the appeal, the appellant is entitled to remain in possession of the property and the respondents have no right to dispossess the appellant illegally without taking the course of law.

(3.) Learned counsel for the respondents submitted that the plaintiff-appellant's suit for specific performance of contract was dismissed by the trial court, therefore, the appellant has no right to remain in possession of the property. It is also submitted by learned counsel for the respondents that the respondents have already filed the suit for eviction against the plaintiff and, therefore, respondents are entitled to take possession by lawful means. It is also submitted that the mesne profit for the land in dispute can go to more than Rs. 2 lacs per annum, therefore, in case, any stay order/injunction order is granted in favour of the appellant then a cash security condition may, be imposed upon the appellant.