TAUSIF AHMAD Vs. MUNSHI BAHARUDDIN

JUDGEMENT

(1.) This appeal, presented by defendants 4 to 8 and 10 to 13, is from the order of February 24, 1958, of the Court below, holding that the plaintiff decree-holder respondent was entitled to get future mesne profits ascertained up to the date of delivery of possession.

(2.) The crucial question, which falls for determination, in the present appeal, is, whether the plaintiff is entitled to recover mesne profits down to the period of obtaining possession, although not specifically claimed in the original plaint, or, only for the precise period for which mesne profits were estimated and claimed in the schedule attached to the original plaint? Or, in other words, the question, which I am called upon to decide in this appeal, is whether the defendants 1 to 8 appellants have rightly been held liable to the plaintiff for future mesne profits up to the date of his delivery of possession?

(3.) For a proper decision of the question raised, it is necessary to know the relevant facts leading up to the present appeal. The facts are these: On 16-4-1951 the plaintiff brought a suit in ejectment against the appellants and others seeking therein certain declarations and also, for recovery of possession and mesne profits for three years prior to the suit, that is, for 1356 to 1358 Mulki.