BRIJ KUMAR SINGH Vs. KAMLA SINGH

JUDGEMENT

(1.) By the order under revision dt. 23-6-1981, the Court below has allowed the prayer of the decree-holders for appointing a Pleader Commissioner for the purpose of ascertainment of mesne profits, and, has dismissed the judgment-debtors" application for review of the decree under execution.

(2.) The main question involved in this case is with respect to the liability of the judgment-debtors to pay mesne profits in the present proceeding. On account of several controversial questions raised by the parties, this case has been referred to a Division Bench for hearing.

(3.) Briefly stated, the relevant facts are that the opposite party filed T. S. 81 of 1961 on 23-5-1961 for redemption of a mortgage after depositing the mortgage money under S.83 of the T. P. Act. After contest, the suit was decreed on 23-2-1965 with mesne profits against the defendants 1 to 11 who were described as defendants first party. An appeal was filed before the District Judge which was numbered as T. A. 71 of 1965 and was dismissed on 22-5-1972. The judgment-debtors thereafter came to this Court in S. A. 271 of 1972 which was dismissed in Mar., 1973. A Letters Patent Appeal by one of the judgment-debtors was also dismissed and an application for review also failed. The matter was also taken to the Supreme Court in Special Leave Petition No. 1867 of 1973 which was rejected on 18-9-1974. The decree holders then put the decree in execution in Execution Case No. 2 of 1975 and delivery of possession was effected in Mar., 1976 and the execution case was disposed of.