KEDAR NATH GOENKA Vs. BAGESWARI PRASAD SINGH

JUDGEMENT

(1.) THEIR Lordships do not find it necessary to hear counsel for the respondents in this case.

(2.) THESE are appeals from decrees of the High Court at Patna, which reversed decisions of the Subordinate Judge on two matters which arose under these circumstances: In 1901, a certain property in Bihar was sold by the Collector for arrears of land revenue. It belonged to the respondents or their predecessors. There being an irregularity in the sale, the present appellant, whose father had been the purchaser, by a decree which was given in a suit against him for possession was compelled to surrender the property. In that suit possession was decreed and mesne profits were assessed by the Subordinate Judge. He assessed the mesne profits at a particular rate and he gave interest at twelve per cent, throughout.

(3.) THE result of those proceedings was that the figure arrived at on the footing of interest as given by the High Court was a sum of Rs. 89,000, whereas the figure which was the right figure as approved by the Privy Council was some Rs. 75,000.