MUNSHI BANESH PRASAD Vs. JALPA SHANKAR VARMA

JUDGEMENT

(1.) This appeal by the plaintiffs is from the order of the court below rejecting their application for ascertainment of mesne profits on the ground that there was no direction in the decree for any such enquiry. There was no direction either in the judgment, or in the decree for ascertainment of mesne profits.

(2.) The original plaintiff, Akhauri Nandkishore Lal alias Nandu Lal, who, after his death, was substituted by the present plaintiff, Munshi Banesh Prasad, instituted a suit for possession and mesne profits. In paragraph 29 of the plaint, amongst the reliefs claimed by the then plaintiff, was relief No. 3, which was to the following effect:

(3.) This suit was instituted on the 13th February, 1943. The suit was, however, dismissed 011 the 17th May, 1943, and, ultimately the matter came up in second appeal to this Court--Second Appeal No. 1502 of 1956--at the instance of the present plaintiffs-appellants. The appeal was disposed of by V. Ramaswami, J. sitting singly, on the 27th October, 1948. The appeal of the plaintiffs-appellants was allowed in part in the following terms: