KHEDU RAM Vs. SUPET KUAR

JUDGEMENT

(1.) THIS is a Letters Patent appeal from a decision of Naik J. by which the learned Single Judge upheld an order of the Additional District Judge, Bilaspur, dismissing an application made by the appellants in circumstances to be presently stated, for recovery of mesne profits.

(2.) IN execution of a money decree held by them against the judgment debtor -respondents, the appellants, purchased in a Court -auction some lands belonging to the judgment -debtors, and on 24th April 1956 they applied for confirmation of the sale. Before the confirmation of the sale the judgment -debtors deposited the decretal amount praying that the sale be not confirmed. The executing Court set aside the sale. The order of the executing Court setting aside the sale was, however, set aside by a learned Single Judge of this Court in Misc. (First) Appeal No. 17 of 1958. A Letters Patent Appeal was then preferred against the decision of the learned Single Judge which was ultimately dismissed and thereafter the sale was confirmed and delivery of possession of the lands to the decree holder -appellants was given.

(3.) THE learned Additional District Judge dismissed the application for recovery of mesne profits holding that the application was untenable as no question of determining mesne profits by way of restitution arose. While affirming this order of the Additional District Judge Naik J. observed that as the mesne profits claimed by the appellants were not in consequence of any decree varied or reversed, there was no question of any "restitution" under section 144 or 151 of the Code of Civil Procedure. He further said: -