JANARDHANAN Vs. K T VIJAYAN

JUDGEMENT

(1.) This Civil Petition arises out of an order fixing quantum of mesne profits payable by the respondents. It was held by the executing court that the respondents are liable to pay a sum of Rs. 60,516.60/- as mesne profits to the Revision Petitioner. The claim for interest made by the Revision Petitioner was negatived by the executing court. Revision Petitioner challenges that part of the order by which the executing court rejected the contention of the Revision Petitioner that he is entitled to interest on mesne profits.

(2.) The Revision Petitioner also challenges the quantum of mesne profits fixed by the executing court and the value of paddy adopted by the court in fixing the quantum of mesne profits. The respondents in the revision paid the amount fixed by the executing court and the executing court recorded full satisfaction of the decree. The decree holder challenges that order of the executing court in E.F.A. No. 9 of 1995.

(3.) The Revision Petitioner/plaintiff filed the suit for partition. A preliminary decree was passed on 05/10/1953. Final decree was passed on 08/07/1977. As per the final decree, the Revision Petitioner is entitled to get mesne profits for the period from 17/09/1951 till the date of delivery of the property at the rate of 534 paras of paddy per annum. The Revision Petitioner took delivery of the property allotted to him in October, 1977. E.P. No. 181 of 1983 was filed for realisation of mesne profits. Against the order passed by the executing court, C.R.P. No. 1947 of 1990 was filed before this court, which was disposed of on 13/11/1990 directing the executing court to determine the rate of paddy afresh for the purpose of determining the quantum of mesne profits. It was also held by this court that for realisation of mesne profits, only that much property of the judgment debtor, sufficient for realisation of decree amount be sold in court auction.