KUMAR JAGDISH CHANDRA Vs. BULAQI DAS

JUDGEMENT

(1.) This is a Special Appeal against the judgment of Mr. Justice Oak allowing the execution second appeal by the respondents-decree-holders.

(2.) Kunwar Jagdish Chandra, appellant, the owner of the plot in dispute leased it to Bulaqi Das and Narain Das respondents for a term of 11 years on 31-10-1930. The respondents sub-leased the plot and the sub-lessee constructed a building on it. Later on the appellant purchased the materials of that building when sold in execution of a decree and took possession of the plot and the building. In 1933 the respondents instituted the civil suit out of which has arisen this appeal for the recovery of possession and mesne profits against Jag-dish Chandra, appellant. On 2-1-1935 the suit was decreed for possession as well as for mesne profits and the decree directed payment of pendente lite and future mesne profits at the rate of Rs. 30/-per mensem until delivery of possession.

(3.) Jagdish Chandra filed an appeal against that decree and the decree-holders filed a cross-objection. The appeal was dismissed. The cross-objection was allowed to the extent that the rate of mesne profits was enhanced by Rs. 5/- per mensem. A second appeal by Jagdish Chandra was dismissed summarily by this Court sometime in 1939.