SADABAI MANIKCHAND BORA Vs. NIVRUTTI VITHOBA TAKALE

JUDGEMENT

(1.) The short point arising in the above Second Appeal is whether the appellants-decree holders were entitled to recover mesne profits from the date of the suit (April 25, 1957) to the date of the decree (March 28, 1963), which was negatived by the IInd Extra Assistant Judge. Ahmednagar, on January 15, 1974, confirming an order passed by the Civil Judge. Junior Division, Karjat, on July 8, 1971, in Miscellaneous Application No. 1 of 1967, filed by the appellants for determining the Mesne profits under the decree.

(2.) The two Courts below purported to follow the decision of the Supreme Court in C.Subanna v. K. Subanna, where it was laid down that Order 20, Rule 12, does not empower a Court to direct an enquiry and pass a final decree with respect to Mesne profits for a period exceed ing there years from the date of decree.

(3.) The Rule was thereafter amended by this Court on November 1, 1966; and Order 20, Rule, 12 so far as this Court is concer- ned, reads as follows: