GNANAPRAKASA MUDALIAR Vs. B ANANDATHANDAVAN

JUDGEMENT

(1.) THE defendants 1, 5 and 6 in O.S. No.152 of 1960 on the file of the District Munsif, Villupuram are the appellants herein. THE respondents herein had filed the said suit, claiming partition of 2/3rd share. A preliminary decree was passed by the trial court on 31.3.1962. Subsequently a final decree was also passed on 15.4.1964 in I.A. No. 828 of 1962. THE respondents took possession of the properties on 26.12.1974. So far as items 4 to 8, 15, 17, 25 and 26 of the plaint schedule properties are concerned, because of the pendency of the second appeal which was disposed of in the year 1967, the final decree was passed separately on 15.7.1976 in I.A. No. 542 of 1969. THE respondents took possession of their share in the above said items 22.9.1976.

(2.) AFTER taking delivery, the respondents filed an application I.A.3183 of 1982 for ascertainment of the mesne profits from 25.11.1959 to 22.9.1976. The trial court granted a decree for mesne profits subject to payment of court fees. Aggrieved by the same, the appellants filed an appeal A.S. No. 70 of 1983 on the file of the Sub-Court, Villupuram. In and by his judgment dated 31.3.1984 the learned Subordinate Judge confirmed the decision of the trial court. Hence the present second appeal has been filed.

(3.) THOUGH the learned Judge referred to number of judgments of the learned single Judges of this Court, we are of the opinion that it is unnecessary to refer all the cases, in view of the fact that the question referred had already been discussed by a Full Bench of this court reported in Babburu Basavayya v. Babburu Guravayya, I.L.R. 1952 Mad. 173: AIR 1951 Mad. 938 as well as the Supreme Court in the judgment reported in R.S. Maddanappa (Deceased) By L.Rs v. Chandramma and another, AIR 1965 SC 1812.