BASANTI LAL Vs. PHAPHI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is preferred by the appellant against the judgment and decree dated 12-12-1988 passed by the Additional District Judge, rajsamand, in civil original No. 10 of 1982.

(3.) THE appellant-plaintiff, in the suit filed by him contended that a house owned and possessed by the defendant-respondent was mortgaged to him for consideration of Rs. 10. 000/ -. The mortgage deed was registered after execution by the defendant respondent. Yet he had neither parted with the possession nor permitted the plaintiff appellant to make use of the house. Therefore, it was prayed in the suit that the plaintiff should be awarded monthly mesne profit, and the arrears as well.