TEK CHAND Vs. DHARAM SINGH AND HARBANS LAL

JUDGEMENT

(1.) On a prayer made by respondent Nos. 2 and 3 that the appellants should be directed to deposit mesne profits qua the share of the property which will come on partition to the said respondent and which was in possession of the appellants, vide C.N. No. 595-Cl of 1986, I had, inter-alia, observed that their prayer is premature for the reason that the partition proceedings in respect of the land were still pending with the Assistant Collector.

(2.) Through the present application these respondents have once again prayed for a similar direction. It has been pointed out in para No. 3 thereof that the Assistant Collector Ist Grade, Mansa vide order dated 30th October, 1987 has finalised the partition proceedings and he has passed a decree on its basis. The land in dispute has been allotted to them. They are, therefore, once again pressing their claim that the appellants should be directed to pay the mesne profits in respect of the said land.

(3.) It has been pointed out that the appellants have built two shops on the site in dispute and have let them out. They are getting Rs. 2,700/- per mensem as rent in respect of these shops. It is, however, clear that since the shops have been constructed by the appellants, the clients of Mr. Raipuri cannot claim mesne profits in respect of the shops so constructed. Thus the mesne profits can have no relevance to the rent being realised by the appellants.