K M KRISHNAIAH Vs. T T D

JUDGEMENT

(1.) This revision is directed against the order passed by the Additional District Judge, Tirupathi, in A.S.No. 75/1988, dated 22-8-1994, whereby the order passed by the Principal District Munsiff, Tirupathi, assessing the mesne profits, has been set aside and the case has been remanded for decision afresh after giving opportunity to both parties to lead further evidence.

(2.) The facts giving rise to this revision may briefly be stated as follows. A decree for possession of the suit lands had been passed by the High Court in S.A.No. 781 /1982, dated 24-4-1987 against the respondent-judgment debtor which preferred a special leave to appeal bearing No.5760/87. At the instance of the petitioner, the Apex Court granted special leave to it to appeal on 27-7-1987 and was pleased to order stay of execution of the decree of the High Court which reads as under :

(3.) In preference of the order passed by the Apex Court, the petitioner-decree holder filed an application under Order 20 Rule 12 of the Code of Civil Procedure read with Section 157 of the Code for determination of the mesne profits in respect of the suit lands from the date of his dispossession. Both parties led evidence and the trial Court determined the mesne profits from 3-8-1969 to 30-6-1987 on different rates amounting to Rs.58,250/- and ordered the respondent-judgment debtor to deposit the said amount within one month from the date of the order (18-1-1988), as directed by the Apex Court. It further ordered that the judgment debtor shall continue to pay the mesne profits at the rate of Rs.6,000/- per annum from 1-7-1987 onwards by 15th July of every year. This order was challenged in appeal. As noted above, the appellate Court set aside that order and remanded the case for re-trial.