KESHAV SINGH Vs. SHANTABAI SHRIKHANDE

JUDGEMENT

(1.) THIS Letters Patent Appeal under Clause 10, Chapter IV of High Court Rules and Orders has been preferred against the judgment and order dated 21st of September, 1990 passed by Hon'ble K. M. Agrawal, the then Judge of this Court.

(2.) THE learned Single Judge had partly allowed the first appeal with the direction that the decree for possession granted by the trial Court was maintained. The decree for mesne profits was modified with the direction that such profits to be determined during execution by holding an inquiry in that regard for a period preceding three months from the date of suit and for a period subsequent to the suit till the date of delivery of possession of their share in the suit land to the legal representatives of the deceased/plaintiff. It was further directed that mesne profits that may be determined by the Court below during execution shall not exceed the amount claimed by way of mesne profits per year by the plaintiff.

(3.) THE facts of the case are that one Keshavrao had filed Civil Suit No. 7-A of 1968 with the prayer that possession be delivered to the plaintiff as against defendants 1 to 4 who are the present appellants over half share declaring that the alleged Patta in favour of present appellants 1 to 4 who were defendants, was null and void as against the plaintiff.