OM PARKASH
Daulat Ram – Appellant
Versus
Huma Nand – Respondent
JUDGMENT :- This appeal, against a decree of the Senior Subordinate Judge, Mahasu, has arisen out of a suit, instituted by Huma Nand respondent, against the appellants and Bishan Lal respondent, for possession of land and buildings, standing thereon, situate in village Badah, Tehsil Kasumpti, District Mahasu and for the recovery of Rs. 1200/-, as mesne profits, and, in the alternative, for the recovery of Rs. 5200/-. The suit was based on the following allegations :
2. The property, in suit, belonged to Bishan Lal respondent. He had sold it to Huma Nand respondent, for the sale price of Rs. 4000/-, by a registered sale-deed, dated 18th March 1960. One of the conditions of the sale was that the vendor was bound to deliver vacant possession of the property sold, to the vendee. But Huma Nand respondent could get possession of half the building only. The rest of the property was in the unlawful possession of the appellants. Daulat Ram appellant had made an application, under S. 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, before the Compensation Officer, Mahasu, for the acquisition of proprietary rights in the land, in suit. His application w
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