SHIDALINGAPPA BASAVANNEPPA KOTAMBRI Vs. KOTRAPPA CHANDRASHEKARAPPA KOTAMBRI

JUDGEMENT

(1.) Aggrieved by the final decree passed in FDP No.2/1996 on the file of the Additional Senior Civil Judge (Sr.dN), Haveri, the petitioners in the said Court are before this Court.

(2.) The appellants are before this Court were the plaintiffs in OS No.154/1981 on the file of Civil Judge Haveri. The suit is one for partition and separate possession wherein the plaintiffs claimed 1/3rd share in suit schedule properties and also claimed mesne profit. The suit was decreed in part. The plaintiffs together were granted 6/25th share in the suit 'A' schedule property. The plaintiffs were not burdened with the liability owned by the family. The liability is fastened on defendants no.1, 4 and 5. The decree is also granted in respect of the residential house awarding 6/25th share in 'A' Schedule property. The suit in respect of movable property is dismissed. The aforementioned decree does not grant any relief in respect of profit claimed by the plaintiffs. Nevertheless, the plaintiffs filed final decree proceedings seeking mesne profit of Rs.1,24,300.00 from the defendants at the rate of 6% p.a. from the date of petition till realization. The plaintiffs claimed that the possession of movable property was handed over to them in the year 1994. The mesne profit is claimed at the rate of Rs.500.00 per acre and the plaintiffs claim that they are entitled to 13 acres. Thus, they have sought mesne profit of Rs.1,24,300.00 along with interest as stated above.

(3.) After recording the evidence, the trial Court allowed the petition in part and awarded profit of Rs.35,100.00 along with the interest at the rate of 6% p.a. from the of petition till date of payment. Aggrieved by the aforementioned judgment and decree, the petitioners are before this Court.