HARBANS SINGH Vs. SUKHDEV KAUR

JUDGEMENT

(1.) THE matter comes up on application filed by respondent for grant of mesne profit. It is, inter alia, submitted that the appeal was admitted on 13.05.2004 and execution of the decree was ordered to remain stay. Thereafter the order dated 13.05.2004 was confirmed by order dated 20.02.2006 passed by this Court and it was ordered to list the appeal for final disposal. However, the final disposal was still taking time and during pendency of the appeal, the land in question has been forcibly taken possession by the appellants, who are now enjoying the possession as well as the interim order from this Court.

(2.) BASED on the said facts, it has been prayed that either the possession be ordered to be handed back or the appellants be ordered to deposit mesne profit for the land in question @ Rs. 10,000/ - per bigha per year and the same be paid to her.

(3.) IT is submitted by counsel for the appellants that the application, in the facts and circumstances of the case, is not maintainable. It is contended that the application has been moved at a very belated stage, inasmuch as, the same has been filed after nine years of the passing of decree and the same is based on absolutely vague averments. No document has been filed to substantiate either the forcible taking of possession by the appellant or in support of claiming Rs. 10,000/ - per bigha as mesne profit. It is further submitted that when the appeal is ripe for final hearing, there is no reason for passing the interim order at this stage.