JUDGMENT - KHARCHE S.T., J.:-By invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, this second appeal takes an exception to the judgment and decree dated 21-8-1989 passed by the learned 7th Additional District Judge, Nagpur, in regular Civil Appeal No. 637 of 1984 whereby the appeal was allowed and the judgment and decree passed by the trial Court directing the respondent/defendant to deliver vacant possession of the suit plot by removing his temporary structure within thirty days from the date of that order and also to pay damages at the rate of Re. 1/- per day since 10th May, 1983 to 23rd August, 1983 with separate enquiry to be held under Order XX, Rule 12 of C.P.C. for mesne profits was set aside so far as the delivery of the possession of the suit plot and the payment of damages and enquiry into future mesne profits is concerned and consequently the Appellate Court dismissed the suit to that extent.

2. Relevant facts are as under:

The appellant/plaintiff instituted a civil suit for eviction and possession of the suit plot. The suit property belongs to the trust and the plaintiff claims to be the Mutawalli and plaintiff No. 2 is the Manage

Click Here to Read the rest of this document