Law:

Section:

Civil Procedure Code (V of 1908)-----Ss. 9 & 115---Suit for damages and mesne profits ---Maintainability--­Revisional jurisdiction, exercise of---Plaintiff/respondent had purchased land in dispute, but defendant/petitioner not only refused 'to deliver possession of disputed land to plaintiff/respondent, but also refused to give share of produce to him---Plaintiff/respondent filed suit for damages and mesne profits which was resisted by defendant/petitioner contending that Civil Court had no jurisdiction in the matter as same fell exclusively within jurisdiction of Revenue Authorities---Contention of defendant/petitioner was repelled because the same was not only not raised before Courts below, but it was also not pleaded that the defendant/petitioner was a tenant under plaintiff/respondent---Suit for mesne profits and damages for use and occupation of land in dispute filed by plaintiff/respondent was rightly found to be maintainable before Civil Court, concurrently by Courts below---Findings of Courts below based on facts and evidence on record, could not be interfered with by High Court in exercise of its revisional jurisdiction. JUDGMENT This revision petition is directed against concurrent judgment and decree of the learned two Courts whereby suit for damages filed by respondent was decreed. 2. The case set up in the plaint was that the plaintiff-respondent had purchased disputed land measuring 14 Kanals and 16 Marlas in Chak No. 166/EB, Tehsil and District Vehari which was being cultivated by the petitioner herein. He refused to deliver possession of the said land to the plaintiff/respondent and also refused to give the share of produce. Instead, he filed a -civil suit before the Civil Court at Vehari and obtained an interim injunction. This suit was, however, withdrawn on 27-11-1990. The plaintiff­ respondent claimed damages on three counts. (a) Cost of produce Rs.11,378 (b). Expenses of litigation of Rs.2,000 (c) Mental physical torture Rs.6,000 Total Rs.19,378 3. The suit was resisted by the petitioner. Necessary issues were framed and the suit was tried. Vide judgment and decree, dated 29-11-1995, it was decreed in the sum of Rs.9,689.87 which…

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