Dharam Chand Chaudhary, J.

This judgment shall dispose of the present appeal and also Cross Objections aforesaid arising out of the judgment and decree dated 4th March, 2005, passed by learned District Judge, Shimla, in Civil Suit No.15-S/1 of 2002.

2. While the appellant, hereinafter to be referred as ‘the defendant’ is aggrieved by the decree of possession of the suit premises shown in site plan Ext.P-12 against him, whereby he has been directed to deliver the vacant possession thereof to the respondent, hereinafter to be referred as ‘the plaintiff-bank’ within a period not exceeding more than one month from the date of decree and also return the articles of crockery supplied to him by the plaintiff-bank, at the same time the plaintiff-bank is aggrieved by that part of the decree whereby its suit for recovery of Rs.5,40,000/- on account of damages has been dismissed.

3. The suit premises shown in the site plan Ext.P-12, is situated in the sub-basement of the building owned by the erstwhile ANZ Grindlays Bank Limited, The Mall, Shimla. The Bank lateron came to be named as Standard Chartered Grindlays Bank Limited, The Mall, Shimla on and with effect from 1st day of Augus