Honble GOYAL, J.–Both the appeals (Appeal No. 135/1997 by the plaintiff and Appeal No. 144/1997 by the defendants) have been preferred against the judgment and decree dated 11.2.1997 whereby learned Additional District Judge, Baran partly decreed the plaintiffs suit for mesne profits and possession. The parties would be referred as arrayed in the plaint.

(2). The relevant facts in brief are that the plaintiff filed the civil suit No. 55/1992 on 1.6.1992 for mesne profits and possession of disputed open land with the averments that one quarter situated in south of the disputed land marked ABCD in the site-plan was let-out to Late Sh. Basanti Lal-father of all the three defendants. The defendants came into possession of the disputed plot by way of trespass on 1.10.1989. The plaintiff asked the defendants to vacate it and also served a notice dated 19.4.1991 by registered post making the demands to pay mesne profits @ Rs. 1500/- per month and to vacate this land. The defendants did not comply with the notice. The plaintiff prayed for a decree of mesne profits for a period of ten months from 1.8.1991 to 31.5.1992 and also prayed for delivery of possession. It was also averred in the pla

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