P SATYANARAYANA Vs. P VENKATA RAO

JUDGEMENT

(1.) Appellant-plaintiff filed an application under Order 20 Rule 12 CPC to ascertain mesne profits in a final decree proceedings at a partition action. He claimed a sum of Rs. 3,265/. The trial Court granted a sum of Rs. 1880-89 Ps. Dissatisfied therewith, he filed this appeal.

(2.) The first respondent-first defendant was the manager of the joint family. The appellant avers that pendente lite, the first respondent kept fallow Ac. 144 cents of land that fell to his share to wrongfully deprive him of his share of profits therefrom. The suit was laid on December 2, 1963 from which date there is severance in status of the joint -family. The manager is thereby liable to pay the mesne profits from that date till July 4, 1971 the date on which the lands were allotted. It is an admitted fact that the lands remained fallow during that period. The trial Court negatived the contention holding that a manager of the joint family is liable to account for the profits actually derived but not liable to mesne profits and dismissed the petition to the above extent. Assailing the legality thereof, the appeal has b een filed.

(3.) Sri N.V. Ranganadham, learned counsel for the appellant has strenuously reiterated the stand. The question, therefore, is whether the manager of the joint family is liable to pay mesne profits to be derived on the lands, the subject matter of the appeal, pending suit.