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2012 Supreme(HP) 492

SURINDER SINGH
Achhar Kumar Verma – Appellant
Versus
Kuldeep Chand Lakhanpal – Respondent


Advocates Appeared:
For the appellant :Mr. Anuj Gupta, Advocate. Non-Objector.
For the respondents:Mr. Ajay Kumar, Advocate, with Cross-Objectors. Mr. Dheeraj Vashisth, Advocate.

Judgment

Surinder Singh, J.

This judgment shall dispose of the present appeal as well as Cross-Objections filed by the respondents. The appellant has filed the instant appeal feeling aggrieved and dissatisfied by the judgment and decree passed by the learned District Judge in Civil Suit No.7-S/1 of 1999 decided on 12.10.2001 whereby the suit filed by the respondent for possession qua Flat No.63/2, Lower Bazaar, Shimla, consisting of two rooms, glazed verandah, store, kitchen and a latrine, hereinafter to be referred as “the suit property” as delineated in the red ink in the plan annexed with the plaint was decreed also for the recovery of Rs.1240/- as mesne profit and also future mesne profit calculated @ Rs.40/- per day from the date of passing the judgment till the date of delivery of possession by the defendant-appellant with proportionate costs, against the claim of Rs.6200/- and Rs.200/- per day for future mesne profits till its vacation. The value of the suit property for the purpose of court fee and jurisdiction for seeking possession was assessed at Rs.2,50,000/-.

2. In short, the facts giving rise to the present appeal can be stated thus. The respondents hereinafter to be re
































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