LAWS(KER)-2006-3-99

JANARDHANAN Vs. C.V. NARAYANI

Decided On March 08, 2006
JANARDHANAN Appellant
V/S
C.V. Narayani Respondents

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.) AFTER the disposal of C.R.P.No. 1947 of 1990, opportunity was afforded to the parties to adduce evidence. The executing court passed the impugned order holding that the Revision Petitioner is entitled to get mesne profits at the rate of Rs. 4/- per para of paddy for the period from 1951 to 1963, at the rate of Rs. 5.20/- per para of paddy from 1964 to 1975 and at the rate of Rs. 7/- for the period 1976 to 1977.