(1.) This is an application by some of the defendants to a suit for mesne profits. The facts were that the opposite party as thicadar of mauza Harpur Rewari instituted a suit for 416 bighas of land which he claimed to be the proprietor's bakasht and for mesne profits for the years 1333 and 1334 Fasli, alleging that the defendants had conspired to dispossess him. The claim for possession was subsequently abandoned and the suit tried purely as a suit for mesne profits. On 3 April 1929, a joint preliminary decree for mesne profits was passed against the defendants. Defendants 1 to 8 and 29 appealed to this Court in First Appeal No. 117 of 1930.
(2.) Some of other defendants amongst whom were the petitioners before us, preferred First Appeal No. 116 of 1930 against the preliminary decree. On 12th September 1933, the High Court modified the decree of the Court below. The decree of this Court was in these terms: It is ordered and decreed that this appeal be allowed in part and the decree of the Court below shall be varied to this extent that a decree for mesne profits shall be made in favour of the plaintiff for the years in suit against each of the defendants or group of defendants who were admittedly in possession of lands and for the area over which they admit to be in possession in their written statements. It is further ordered and decreed that in other respects the decree of the Court below shall be affirmed and the appeal shall be dismissed with costs in this Court, the appellants paying to the plaintiff-respondent the full costs and also to the defendant-respondent third party. It is also ordered and decreed that costs in the Court below so far as the defendants appellants and the plaintiff-respondent are concerned shall be proportionate to success, and the order for costs of the lower Court against those defendants who have not appealed shall remain.
(3.) In the meanwhile the plaintiff had applied to the trial Court for ascertainment of mesne profits according to the original preliminary decree of the Subordinate Judge. A final decree was drawn up on 10 February 1932, in accordance with the Subordinate Judge's original preliminary decree. The amount of mesne profits was ascertained to be Rs. 16,000 and odd. Against this final decree there was an appeal by defendants 1 to 8 and 29, being First Appeal No. 67 of 1933, the memorandum of appeal of which was presented to this Court on 3 May 1932. That appeal succeeded. The High Court directed by its order dated 24 August 1936, that the case should be remanded to the Court below for the purpose of apportioning the liabilities of the then appellants, defendants 1 to 8 and 29.