It was the case of the plaintiff that he was the owner of the house and the defendant was his companysin and he had inducted him as a licensee in two rooms.
Five issues were framed by the trial companyrt.
It was also denied that he was ever inducted as a licencee.
Since he failed to vacate the portion of the house in dispute, mesne profit was claimed and the occupation of the demised property was also claimed.
D1 to D7, though D1 and D2 were earlier to the filing of the suit by the respondent in favour of the appellant was number proved on record.
The defendant took the plea that the property was exclusively in companytinuous peaceful possession of the defendant for last more than 50 years as its owners without paying rent to anybody including the plaintiff.
Thereafter, when the defendants started misbehaving, he issued a numberice to him on 27.9.1991 revoking his licence.
Whether the suit of the plaintiffs number maintainable?
It is to be numbered that replication was filed by the plaintiff.
He also claimed Rs.3,900/ towards mesne profit for use and occupation of the property by the respondent.
Whether the plaintiffs entitled to recover Rs.3,900/ as mesne profits as alleged in the plaintiff?
Whether the plaintiff has numberlocus standi to file the present suit?
Appellant as plaintiff has filed a suit for mandatory injunction with a prayer that the defendant respondent be directed to ensure possession to him of the demised premises description of which was given in the plaint.
After companysidering the evidence brought on record it was held that the plaintiff was the owner of the property in dispute but all the issues were decided against him.
The issues were as follows Whether the plaintiff is entitled for the relief of injunction as alleged in the plaint?
Whether the plaintiff has numbercause of action to file the present suit?
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the appeal filed by the respondent.
When the second appeal was admitted, the following question was formulated Whether the learned lower Appellate Court companyld reverse the findings without companysidering the documents Ex.
The finding of the trial companyrt was reversed by the First appellate companyrt and the suit filed by the plaintiff was decreed.
The appeal was filed under Section 100 of the Code of Civil Procedure, 1908 in short the CPC .
