DWARIKA RAI Vs. BABU LAKSHMI NARAIN SINGH

JUDGEMENT

(1.) This appeal by the defendants from a final decree of the Additional Subordinate Judge, Begusarai, of 9th March, 1968 is solely concerned with the question of ascertainment of mesue profits. The profits consist of the produce from 4 Bigha 10 Kathas of land. The point raised for determination in this appeal is as to the basis upon which mesne profits should be determined. The plaintiffs-respondent claimed mesne profits for 15 years from 1349 to 1363 Falsi. claiming Bhadai and Rabhi crops. They claimed maize as Bhadai crops for the year 1353 Fasli. and wheat, sugar-cane, Rahar, Mirchai, Andi and Alua as Rabbi crops for different years. What was claimed only for three years, 1349, 1350 and 1353 Fasli. Sugarcane was claimed for five years, namely, 1351, 1352 and 1358 to 1360 Fasli. Rahar for two years 1355 and 1357 falsi; Mirchai and Andi for 1361 Fs. and Alua for two years 1356 and 1363 falsi. The total amount claimed after deduction of the cost of cultivation was Rs. 77,054.25 in respect of both the Bhadai and Rabbi crops.

(2.) The learned Munsif Ist, Begusarai rejected the claim of the plaintiffs for Bhadai (maise) crops. He also disallowed the claim for Mirchai, Andi and sugarcane. He, however, allowed wheat (i ) for the years claimed (1349, 1350 and 1363 Fs) and (ii) also for 10 years more for which there was no claim. This was given on the ground that the land was capable of producing wheat according to the report of the Pleader Commissioner. He rejected the case of the defendants to the effect that the land produced only Jao-kerai every year. On appeal the learned Additional Subordinate Judge, Begusarai affirmed all the findings of the learned Munsif and he proceeded on the following basis as stated by himself in paragraph 28 of his judgment: -

(3.) The questions canvassed in this court are as to whether mesne profits have been Correctly determined (i) as to the defendants' liability from the date of dispossession (16.4.1941) the date of the finding of the suit (17.3.1944) the same not having been mentioned in the preliminary decree for that period ;