JUDGMENT R.L. Khurana, J. :- The appellant before this Court is the defendant. He is aggrieved by the judgment and decree dated 22.9.1994 of the learned District Judge, Shimla, affirming the judgment and decree dated 6.3.1990 of the learned Sub Judge 1st class (4), Shimla.

2. The subject matter of the dispute between the parties comprises of a two storeyed house and a single storeyed kitchen located in the land measuring 3 biswas comprising in khasra No.369, khewat No.3 and khatauni No.4 in village Chhakrail, Pargana Majhola, Tehsil and District Shimla, hereinafter referred to as the property in dispute.

3. Smt. Mathi and Smt. Sunehroo daughter of Parsu, claiming themselves to be the owners of the property in dispute on the allegations that the defendant was coming in possession thereof since 1968 without any right, title or interest therein. They also claimed mesne profits/damages/compensation amounting to Rs.500/- for the use and occupation of the property in dispute by the defendant at the rate of Rs. 15/- per month.

4. The defendant while resisting the suit asserted that he was coming in possession of the property in dispute under an agreement dated 14.8.1965 that previously also

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