- (1.) The plaintiff/appellants have filed this regular second appeal, against the judgment and decree dated 29.10.1996 passed by the learned Additional District Judge, Ambala in civil suit titled Sneh Lata and Ors. v. Rajeshwar Dass and Ors., wherein the appellants sought a decree for mandatory injunction directing the defendant/respondent No. 1 for handing over the possession of House bearing No. 5107-5107/1, Halwai Bazar, Ambala Cantt and for recovery of Rs. 250/-per month on account of compensation/mesne profit for use and occupation since 28.11.1984, was ordered to be dismissed; whereas respondents have filed Cross Objection No. 5-C of 1999.
(2.) The facts leading to the filing of this appeal are that respondent No. 1 had, in fact, filed suit No. 106 of 1984 against the appellants for declaration to the effect that the plaintiff was owner in possession of the property in dispute to the exclusion of defendants with a consequential relief of restraining the defendants by permanent injunction from interfering in the peaceful possession and occupation of the said property.
(3.) The case pleaded by respondent No. 1 in his suit was that the suit property along with other property was owned and possessed by Hindu undivided family of Lala Behari Lal consisting of himself and his three sons i.e. Bhagwan Dass, Puran Chand and Lachhi Ram. After the death of Behari Lal, aforesaid property devolved upon all the three sons and ultimately on 10.1.1949 property was partitioned and suit property fell to the share of Hindu undivided family of Lachhi Ram and his two sons Rajeshwar and Brij Mohan plaintiff and defendant in the suit.;