STATE OF MADHYA PRADESH Vs. RAO SOBHASINGH

JUDGEMENT

(1.) THIS appeal under Order 43, rule 1 (u) of the Code of Civil Procedure, filed by the State of Madhya Pradesh, is directed against the order of the District Judge, East Nimar, Khandwa, dated 5th April, 1967, reversing the order and final decree of the Ilnd Civil Judge, Class II, Khandwa, dated 30th June 1966.

(2.) THE material facts are these. One Rao Sobhag Singh filed a suit for declaration that certain Otlas situate in the Abadi of Mouza Godagpura in Khandwa Tahsil belongs to him, for a perpetual injunction for restraining the State of Madhya Pradesh and Janapada Sabha, Khandwa, from interfering with his rights over the same, and for rendition of accounts of the profits accruing therefrom in the Kartiki fair of 1951 and the Shivratri fairs of 1952 and Misc. (First) Appeal No. 117 of 1967 decided on 4-4-1968, arising out of the order of 1953. Eventually, the suit was decreed by the Additional District Judge, Khandwa, and it was affirmed by this Court (Pandey J.) in State of Madhya Pradesh v. Rao Sobhagsingh(SA No. 379 of 1957, decided on 17-8-1962), subject to this variation that the Janapada Sabha was held not liable to render accounts of the profits earned. THEreafter, Rao Sobhagsingh applied under Order 20, rule 12 of the Code, for a final decree. This application was opposed by the State of Madhya Pradesh and Janapada Sabha on the ground that the Sabha had alone realised the profits, and, therefore, the State could not be asked to render accounts. THE Sabha, however, claimed that by virtue of this Court's decision (supra) it had been absolved of liability for rendition of accounts, and, therefore, no final decree for an account of profits, even though the profits were realised by it, could be passed. THEy, accordingly, prayed for dismissal of the application.

(3.) APART from this, the decree passed by the Additional District Judge is not silent as regards the nature of profits in respect of which account is to be rendered. The terms are not ambiguous but clear and explicit, they read: