POSANI RAMACHANDRAIAH Vs. DAGGUPATI SESBAMMA

JUDGEMENT

(1.) These two appeals are filed against the judgment of Punnayya, J. in A. A. O. Nos. 76 and 77 of 1975.

(2.) The Respondent filed the suit O. S. No. 93 of 1967 for partition of the plaint A Schedule properties into two equal shares and for separate possession of one such share to her, after setting aside the alienations made by her son, the 1st defendant, in favour of defendants 2 to 5. The suit was decreed on 29th July, 1958 and the alienations were set aside. The 2nd defendant an aliencee, preferred the appeal A. S. No. 506 of 1969 in the High Court, but it was dismissed on 26th September, 1963. Then he filed L. P. A. No. 104 of 1964. It was also dismissed on 30th October, 1969 with some directions. The decree-holder filed E. P. No. 39 of 1973 on 23rd April, 1973 against the 2nd defendant for recovery of costs. She also filed E. P. No. 151 of 1973 for recovery of mesne profits.

(3.) In E. P. No. 39 of 1973 the 2nd defendant has raised an objection that it was barred by limitation under Article 136 of the Limitation Act. The learned Subordinate Judge negative that contention. Punnayya, J., also held that the petition was not barred by limitation. In E. P. No. 151 of 1973, the 2nd defendant contended that as item No. 1 was allotted to the share of the 1st defendant pursuant to the direction of the High Court in the Letters Patent Appeal, there would be no need for him to pay any mesne profits. That contention was negatived by the executing Courts as well as Punnayya, J.