JAGATSING PYARASING Vs. MAHANT P KRISHNANANDGIRI GOSWAMY

JUDGEMENT

(1.) An interesting question to be determined in this appeal is as to whether the respondent is entitled to a decree for mesne profits for more than three years from the date of the decree. The question arises in the following facts and circumstances :

(2.) The plaintiff respondent filed Special Civil Suit No. 124 of 1954 against the defendant appellant for possession of the suit premises and for past and future mesne profits. Defendant contested the suit. The trial Court decreed the plaintiffs suit on the following terms :

(3.) The plaintiff feeling aggrieved by the said judgment and decree passed by the trial Court filed First Appeal No. 726 of 1957 in this Court. The defendant also filed First Appeal No. 727 of 1957 against the said judgment and decree passed by the trial Court. Both the appeals were heard together, and the plaintiffs appeal was allowed with costs and the defendants appeal was dismissed with costs. However, the High Court increased the past mesne profits from Rs. 2,700/- to Rs. 7,400/- and with this modification, the decree for possession and enquiry for future mesne profits was confirmed by the High Court. The High Court passed the said decree on March 28, 1963.