JUDGMENT

Sharad Kumar Sharma, J. - The petitioner, before this Court is a plaintiff in a Suit, which was instituted by him, before the Court of Additional Civil Judge (Senior Division), Dehradun, being Suit No. 443 of 2004, Radhey Shyam vs. R.P. Singh. In the plaint thus instituted by the present petitioner, he had modulated the nature of decree, which was being sought for from the learned Civil trial Court was in the following manner:-

(A) A decree for possession be passed in favour of the plaintiff and against the defendant there by directing the defendant to deliver the possession of the land marked by letters XYCB in the plan annexed to the plaint after removing his malba thee from within a time to be fixed by the learned court and on failure of the defendant to do so, the decree be got executed through the agency of the court of the cost of the defendant.

(B) A decree for recovery of Rs. 500.00 per month as damages for illegal use and occupation of the land marked by letters XXCB in the plan annexed to the plaint w.e.f. 12.08.2004 till the date of the deliver of the possession of the aforesaid land to the plaintiff be passed in favour of the plaintiff and against the defendant.

(