B RAM KARAN, SINGH (DEAD) Vs. NAKCHHAD AHIR

JUDGEMENT

(1.) This case was referred to a Division Bench by a learned Judge of this Court, and has now been referred to a larger Bench on account of some conflict of opinion which has prevailed in this Court.

(2.) The present plaintiffs instituted a suit in 1925 for possession of the tenancy- lands against the defendants treating them as trespassers. In that plaint they claimed mesne profits up to the date of the institution of the suit. The defence of the defendants was that they were the tenants of the plaintiffs. The defendants were accordingly referred to the revenue Court which held that the relationship of landlord and tenant was not established. In consequence of this finding the civil suit was decreed against the defendants. Possession of the land was delivered on 1 April 1927.

(3.) The plaintiffs then instituted the suit out of which this appeal arises for recovery of mesne profits from 24 August 1925, the date of the institution of the first suit till 1 April 1927, the date on which they obtained possession. It was pleaded in defence that the claim was barred by the provisions of Order 2, Rule 2, Civil P. C. There was a dispute as regards the amount of the mesne profits claimed by the plaintiffs but both the Courts below assessed it at Rs. 100. The Courts below relying on the ruling of this Court in the case of Goswami Gordhan Lalji Maharaj V/s. Bishambhar Natk , have held that Order 2, Rule 2, Civil P. C... is a bar to the present claim.