MANICKA MUDALIAR Vs. MUNILAKSHMAMMAL

JUDGEMENT

(1.) THIS appeal has been filed by defendants 1 to 3 in O. S. No. 29 of 1959 on the file of the Sub-Court, Chingleput, against the order passed in I. A. 73 of 1969 by the Subordinate Judge appointing a Commissioner for making enquire regarding the quantum of mesne profits payable by defendants 1 to 3.

(2.) THE plaintiff who is the respondent herein filed a suit for partition and separate possession of her 1/6th share in the suit properties. A preliminary decree was passed on 14-3-1962 declaring that the plaintiff was entitled to a 1/6th share in the suit properties. Clause 6 of the preliminary decree inter alia provided that the plaintiff's share in future mesne profits would be determined in the final decree proceedings. A final decree was passed on 28-2-1964. Clause 12 of the said decree provided that the question of mesne profits is left to be decided in a separate proceedings while the other matters provided under the preliminary decree were settled under the final decree.

(3.) THE plaintiff filed an application under Order 20, Rule 12, C. P. C. to hold an enquiry in regard to mesne profits. This application was resisted by the defendants on the main ground that as the final decree had already been passed and the decree had become final in respect of all matters, the application for enquiry into mesne profits could not be maintained subsequent to the passing of the final decree. The contention of the defendants was negatived. Hence this appeal.