M RAMACHANDRA GOWDA Vs. GANGADARA GOWDA

JUDGEMENT

(1.) This is a judgment-debtors revision petition under Section 115 of the C.P.C. directed against the order dated 30-7- 1988 made by the Munsiff, Sullia, in Ex.Case No. 61/1986. The execution was for mesne profits under final decree proceedings in O.S.No. 70/1973. That suit was one for partition and separate possession of the share of the suit schedule properties filed by the plaintiff against three defendants. During the final decree proceedings, the 1st defendant-Hukrappa Gowda died and his legal representatives, the present revision petitioners, were brought on record. Under the final decree proceedings, the plaintiff was allotted S.No. 201/7A, 201/2B, 203/2A, 286/3A along with the house situated in S.No. 201/7A while the respondents ware allotted S.No. 201A. There was a further direction that past mesne profits in the sum of Rs. 320/- be paid to the plaintiff who was the first petitioner in the final decree proceedings. It was further directed that current and future mesne profits be determined at the rate of 3/4 candy of areca and 200 cocoanuts per annum from 24-8-1965 till date of delivery of possession of the properties allotted to the share of plaintiff.

(2.) The execution Petition No. 61/1986 was taken out in the middle of 1986 after obtaining possession of the properties allotted to the plaintiff from the defendants. Therefore, execution was only in respect of the past and current mesne profits. In regard to past mesne profits, there was no dispute as it was quantified in the specified sum of Rs. 320/-. In regard to the current and future mesne profits as specified in the final decree judgment-debtors appears to have raised two objections in the execution proceedings. They were:

(3.) Both the contentions have been negatived by the executing Court and therefore the present revision petition by the petitioners.