Code of Civil Procedure, 1908–Order 12, Rule 6–Sec. 115–Application under Order 12, Rule 6–Dismissed by trial Court–Appeal–Allowed by High Court and suit was decreed withholding that the property in dispute was not the HUF property–Appreciation of–First relief was in regard to possession–Question of ownership had already been decided–Issue need not have to be decided afresh–Hence, suit was to be decreed for recovery of possession–Question of recovery of mesne profit and future damage has not been decided in earlier suit–Amount of Rs. Five lakh would be justified.
