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TMI Blog1974 (8) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 2. The plaintiffs-respondent had brought a suit for recovery of possession after declaration of his title to a plot of land 50 bighas in area, including one bigha area occupied by the defendant appellants, who claimed sub tenancy rights and also set up the pleas of waiver and estoppel to prevent their eviction. The trial court had decreed the suit after repelling the plea of limitation, set u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carried out by defendant No. 1. In the case before us, Bajrang Bali Engineering Company, defendant No. 1 did not appeal against the decree for possession by removal of the structures put up by the defendants and for mesne profits at the rate of ₹ 175/- per day with effect from 25.2.55 and the award of ₹ 2,000 for the court fee paid by the plaintiff. 3. The High Court had also repelled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants before us, had failed to establish its claim that it has authority from the plaintiff to either use the land for dumping scrap iron or to let it out to any party as the plaintiff's agent. The defendants-appellants before us relied mainly on the alleged failure to object to structures made by them for the purpose of manufacturing buckets and automobile parts. But, these were not shown to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age. The Plaintiff had asserted his rights within a reasonable time after learning of the trespass. He did not stand by watching valuable constructions being put up on his land, but had sent a notice objecting to the trespass as soon as he learnt of it. The defendants had not shown that they had acquired any right in the land from an owner. They had, very half-heartedly, set up a plea of limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese cases. 6. There is no question of applying order 2, Rule 2, C.P.C. when the cause of action for the suit before us is different from the causes of action in the suit which were compromised. The failure of the defendants to carry out the terms of the compromise decrees constitutes a part of the cause of action in the suit before us. We, therefore, finding ourselves in agreement with the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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