DWARKA PRASAD JHUNJHUNWALA Vs. JAHURI SAH

JUDGEMENT

(1.) This is an application by the plaintiffs for granting them appropriate relief with respect to their claim for compensation for future use and occupation of the house in question, from the date of filing of the suit till they are given possession of their share after final decree for partition.

(2.) In support of the application, it was urged by the learned Government Advocate, appearing for the plaintiff-petitioners, that when this Court accepted the agreement between the parties, and held that the plaintiffs were entitled to a decree for money at the rate of Rs. 200/- a month, for three years prior to the institution of the suit, this Court inadvertently omitted to mention further in its judgment that the plaintiffs were also entitled to compensation at the same rate from the date of the institution of the suit until Khas possession Is delivered to them after partition.

(3.) The application, however, was opposed by Mr. S. C. Sinha, appearing for the defendants opposite party, and it was urged by him that this application was not maintainable because such a direction cannot now be given unless an application for a review of the judgment of the first appeal was filed by the plaintiff-petitioners. It was also contended that if this application Is allowed, then the defendants will have to file another appeal against the order passed on the present application, as the defendants have already filed an application for leave to appeal to the Supreme Court against the original Judgment of the first appeal.