PARBATI KUER Vs. RAMJHARI DEVI

JUDGEMENT

(1.) The appellants, who are plaintiffs, are aggrieved by a decree for mesne profits.

(2.) The plaintiffs brought a suit for redemption on the 6th July, 1940. In pursuance of the decree for redemption passed in the suit, they got possession on the 25th May, 1944. Thereafter, they filed an application for ascertainment of mesne profits from 1348 to 1351 Ps. The first Court allowed a sum of Rs. 2,839/13/8 as against their claim for Rs. 4,114/-. This amount was reduced, on appeal by the respondents, by the Court of appeal below, to Rs. 435/8/-. The plaintiffs have come up in second appeal against this modified decree.

(3.) Mr. Gouri Shankar Prasad, appearing for the plaintiffs appellants, has taken three points before me : (1) that cost of cultivation should not have been allowed in view of Section 76(1) of the Transfer of Property Act : (2) wheat should not have been disallowed; (3) the rate of paddy produce allowed by the Court of appeal below is very low, and (4) in any event, the cost of cultivation could not be allowed in respect of Mahua and bamboo clumps, and in this respect the decree prepared by the Court of appeal below was wrong.