NARENDRA MEHRA Vs. PUSHPA MEHRA & ORS

JUDGEMENT

(1.) THE present second appeal has been filed under Section 100 of CPC by the appellant -plaintiff, it is directed against the Judgment and decree dated 24/12/2014 passed by the Additional District Judge No. 2, Ajmer (hereinafter referred to as the appellate Court) in Civil Regular Appeal No. 18/2014 (55/2013), whereby, the appellate Court has dismissed the appeal and confirmed the Judgment and decree dated 01/05/2013 passed by the Additional Civil Judge (SD No.2), Ajmer in civil suit No. 05/2009 (90/2007).

(2.) THE facts giving rise to the present appeal are that the appellants -plaintiffs had filed a suit seeking the relief for recovery of Kotri and mesne profit.

(3.) IT was alleged in the plaint inter alia that a family settlement had been arrived at between the family members on 31/03/1995 whereby the disputed 'Kotri' was allotted as a share to the father of the plaintiff but the defendants continue to occupying the said 'Kotri' and had given the same on rent to Aashiyana communication. The appellant has prayed for the possession of the 'Kotri' and also for mesne profit.