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2022 Supreme(P&H) 1481

MANJARI NEHRU KAUL
Subhash – Appellant
Versus
Raj Kumar – Respondent


Advocates Appeared:
Mr. Sube S. Kaushik, Advocate for the appellant

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - Suit was filed by the respondents/plaintiffs seeking decree of mandatory injunction to direct the appellant/defendant to hand over vacant possession of the suit property (as detailed in para 1 of the judgment and decree dated 16.03.2019 passed by the Trial Court) with a further prayer to pay for usage and occupation charges/mesne profits @ Rs.7,000/- per month for each Kotha, till handing over its vacant possession. The Trial Court vide judgment and decree dated 16.03.2019 decreed the suit of the plaintiffs. Appeal preferred by the appellant/defendant against the judgment and decree of the Trial Court was dismissed by the Lower Appellate Court vide order dated 31.05.2022. The appellant/defendant is now before this Court in Regular Second Appeal.

2. Parties to the lis hereinafter shall be referred to by their original positions in the suit.

3. The pleaded case of the plaintiffs may be noticed as thus. The plaintiffs along with Prem Chand and Radhe Shyam are owners of the suit property. In the year 2000, father of defendant, namely Risala, was employed as a chowkidar on a monthly salary of Rs.1,000/- by the plaintiffs. From the year 2004 onwards

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