SUBRAMANIA IYER Vs. VENKITADRI IYER

JUDGEMENT

(1.) This is an appeal from the decree of the learned District Munsiff of Trivandrum in O.S. No. 34 of 1122, a suit for partition, granting the plaintiff a third share in the plaint property together with "mesne profits" from the date of suit at the rate claimed in the plaint. The main contention of the first defendant, the appellant before us, that the plaintiff is entitled only to a "1/4 share" and not a "1/3 share" has been conceded by the learned Advocate for the first defendant and no further question regarding the same arises for consideration.

(2.) The only question that remain are the appellant's contention that the "mesne profits" awarded by the court below is excessive and the ground raised in the memorandum of objections on behalf of the 1st respondent that the plaintiff is entitled to "mesne profits" from 3.10.1109 as claimed in the plaint.

(3.) The lower courts fixed the "mesne profits" at Rs. 180/- per year and awarded the plaintiff a third thereof. We do not consider the figure arrived at by the lower court as in any way excessive but in the light of what is stated in paragraph 1 above the plaintiff's share will be a fourth of Rs. 180 and not a third as decreed by the lower court.