VARGHESE MOHANNAN Vs. VARGHESE YATHAI

JUDGEMENT

(1.) This appeal is by the 1st defendant judgment debtor in execution of a decree for mesne profits and costs.

(2.) The decree dated August 18, 1954, of the Munsiff, Chengannur, is to the plaintiffs to recover the suit property from defendants 1 and 2 with mesne profits at Rs. 15 per annum from July 30, 1947 (Karkadakom 14, 1122 M. E.) until delivery of possession of the property or the expiry of 3 years from the date of the decree whichever event occurs first and six per cent interest on arrears of mesne profits. The 2nd defendant appealed against that decree to the Subordinate Judge, Mavelikara. The 1st defendant, her husband, was not made a party to that appeal (A. S. No. 302 of 1957), either as appellant or as respondent. The appeal was dismissed with costs on January 31, 1959. The plaintiffs took out execution on October 4, 1961, for recovery of the property from defendants and all costs and mesne profits from the 1st defendant personally. The property has been delivered on March 17, 1962. As the plaintiffs continued execution for mesne profits upto January 31, 1962, and for costs inclusive of that allowed by the appellate decree, the 1st defendant objected that as concerns him the decree in the case is that passed by the Munsiff, unaffected by the appeal, and that therefore mesne profits beyond August 18, 1957, and costs in appeal cannot be claimed against him. The Courts below concurred to dismiss" that objection, holding the reference to decree in O.20 R.12 CPC. to mean the appellate decree. The 1st defendant has come up in second appeal.

(3.) O.20 R.12 CPC. reads thus: