KRISHNA DEVI AND ANOTHER Vs. SANT RAM

JUDGEMENT

(1.) This appeal is also directed to be listed alongwith RSA No.154 of 2009 as it arose between the same parties.

(2.) Plaintiff Sant Ram, respondent herein, instituted a suit for mesne profits of Rs.34,100/- alongwith interest at the rate of 18% per annum.

(3.) The case of the plaintiff, respondent herein, was that in Civil Suit No.253/1 of 1990 a decree was passed against the defendants, appellants herein, where they were directed to vacate the possession of the property. The plaintiff pleaded that a collusive Civil Suit No.215/1997, titled: Shakuntala vs. Sant Ram, was instituted by the defendants in order to bye pass this decree. The suit was contested by the appellants herein on a number of grounds. One of the pleas was that they were not in possession of the suit property. The learned trial Court settled five issues. The first relating to entitlement of mesne profits, the second on maintainability and the third for not giving complete description of the suit property. All the issues were tried together. Considering the evidence on record, namely, Ex.PD, stating that the plaintiff was put in possession of the suit property on 30.12.2003, the learned trial Court concluded that he was out of possession from 12.10.1998 to 30.12.2003. On the question of quantum, mesne profits were claimed at the rate of Rs.1100/- per month. The learned trial Court holds that the criterion for claiming mesne profits is the profits which the person actually earns and mesne profits should be established on the record. The suit was accordingly decreed for a sum of Rs.34,100/- alongwith interest at the rate of 6% per annum from the date of filing of the suit till its realization.