KISHEN KUMAR NARANDAS JOBANPUTRA Vs. PURUSHOTTAM MATHURDAS RAITHATHA

JUDGEMENT

(1.) THIS is defendant's second Appeal arising from the Special Civil suit No. 85/86/a and was admitted by order of this Court dated 23-06-2000, on a question of law which reads as follows: whether in the facts and circumstances the court below was right in awarding mesne profits at the rate of Rs. 75/- per day?

(2.) THE Respondent no. 1, now represented by the legal heirs, were duly served, but have chosen not to contest this appeal. The Respondent no. 2 as can be seen from the order of this Court dated 10-10-2002 was a firm which is no more in existence, and the partners of which are already on record as legal heirs of Respondent no. 1.

(3.) THE parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.