ANUSAYABAI Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THIS appeal by the defendant is directed against the judgment of the Court of the Additional District Judge, Dewas, decreeing the civil suit No. 134 -A of 1974 instituted by the respondents for partition and possession of their half share in the plaint Schedule movable and immovable properties and for mesne profits.

(2.) IN order to understand the scope of the appeal and the respective contentions of the parties it is necessary to state the material fact that led to this appeal. One Harlal, a Hindu brahmin, resident of Malagaon village, Tahsil Khategaon in the district of Dewas died in the year 1920 leaving behind him his widow Bhagirathibai, son Balmukund and daughter Gajribai and considerable movable and immovable properties. The daughter Gajribai who was married died in 1931 leaving behind her sons - Jagdishprasad, Gangaprasad and Jamnaprasad, the respondents herein. Balmukund, the son of Harlal died on 19 -2 -1966 leaving behind him the plaint Schedule properties and Anusayabai, the daughter of Ganpatibai, the predeceased daughter of Balmukund and his mother Bhagirathibai Bhagirathibai also died on 2 -3 -1966.

(3.) THE trial Court on a consideration of the entire oral and documentary evidence held that on the death of Balmukund. his mother Bhagirathibai and the grand daughter, the appellant Anusayabai would ad inherit half of the plaint Schedule property -the estate of Balmukund and that undivided half share inherited by Bhagirathibai would devolve on her death on 2 -3 -1966 on her pre -deceased daughter's sons, the respondents -plaintiffs and consequently decreed the suit for partition and for possession of the half share of the plaint -schedule properties and the remaining half would go to the appellant Anusayabai, The trial Court determined the mesne profits at Rs. 100/ - per acre in respect of 48 acres of cultivable land which amounts to Rs. 4800/ - and refused to fix any mesne profits for the remaining 10 acres of pasture land, and directed the defendant -appellant to pay mesne profits of Rs 2400/ per year since three years from the date of this suit till the date of delivery of possession. The trial Court also granted a decree for the -recovery of half of the moveables worth Rs. 1625.00, rejecting the plea of limitation raised by the defence in that regard. The trial Court did not award interest on the mesne profits granted to the plaintiffs. Hence the appeal by the defendant and the memo of cross -objections by the respondents in respect of their claim for interest on mesne profits awarded to them and also for mesne profits in respect of pasture land of 10 acres.