PURUSHOTTAM Vs. NAG VASTRA BHANDAR

JUDGEMENT

(1.) The short question that arises for consideration in this revision application is as to when the right to apply for ascertainment of mesne profits arises when a preliminary decree directs an enquiry as to future mesne profits from the institution of the suit under Order 20, Rule 12 (1) (c) of the Civil P. C.

(2.) The facts giving rise to this revision application may be briefly stated:- The applicants-plaintiffs hereinafter referred to as decree-holders had insti- tuted Civil Suit No. 756 of 1970 for ejectment and mesne profits in respect of shop premises situated at Sitabuldi, Nag-pur. The suit of the decree-holders was dismissed by the trial Court on the ground that there was no proper notice and the permission of the Rent Controller was not obtained to terminate the tenancy of the defendant. The plaintiffs appealed against the decree and judgment of the trial Court. The learned Second Extra Assistant Judge of Nagpur allowed the appeal and ordered the defendant to deliver possession of the suit premises to the plaintiffs. The appellate Court further directed that the enquiry be made into mesne profits in respect of the suit premises from the date of suit, i.e. 16-9-1970 till delivery of possession of the suit premises to the plaintiffs-appellants. This decree was made on 31st of Dec. 1975.

(3.) Being aggrieved, the defendant (non-applicant in this revision application) has preferred a second appeal.