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ALLAHABAD HIGH COURT
ABC, J
Firm Dewan Kirpa Ram Radha Kishan and Others v. Hari Kishan Das
| Table of Content |
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| 1. cross appeals originating from a suit for mesne profits. (Para 1 , 2 , 3) |
| 2. evaluation of lease conditions prior to litigation. (Para 4 , 5) |
| 3. arguments presented regarding lawful possession. (Para 6 , 7 , 8) |
| 4. defendants' possession characterized as lawful. (Para 9 , 10 , 11) |
| 5. assessment of claims based on statutory limitations. (Para 12 , 13) |
| 6. conclusion and final decree adjustments. (Para 14 , 15) |
1. These two cross appeals arise out of a suit filed for recovery of mesne profits. They can be disposed of by a common judgment.
2. Second Appeal No. 5166 of 1961 has been filed by the defendants to the suit and the other Second Appeal No. 5343 of 1961 has been filed by the plaintiff to the suit.
3. The plaintiff brought a suit in the court of the Civil Judge. Saharanpur, for recovery of mesne profits. The suit for the purpose of jurisdiction and subject - matter, was valued approximately at Rs. 5,000 and odd. It was prayed that if on determination the court found a larger sum payable as mesne profits the same be decreed on the condition of payment of requisite court - fee.
4. Briefly stated the admitted facts are as follows:
The defendants under a lease executed by th
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