LAWS(MPH)-1969-5-1

VIDYA BAI Vs. NARAYANDAS

Decided On May 02, 1969
Vidya Bai Appellant
V/S
NARAYANDAS Respondents

JUDGEMENT

(1.) THIS is a second appeal by the defendants.

(2.) THE suit of the plaintiff -respondent was for accounts of profits or for compensation for use and occupation by the defendants of what he alleged was the joint property of the parties. Initially, the claim was laid for the years 1955 -56 to 1959 -60 on the allegation that the plaintiff had been excluded by the defendants from joint possession of the suit property since about 1 -5 -1947, to the extent of his half share therein, and that though the plaintiff had demanded accounts of the profits several times, the defendants refused to render accounts or to pay his share of the profits. Later, on or about 1 -7 -1965, the plaint was amended to include accounts and profits for the period of the pendency of the suit, viz., for the years 1960 -61 to 1964 -65.

(3.) THE suit property consists of cultivable land, a house and certain number of mango trees.