BANWARI LAL Vs. MUSAMMAT RAMA

JUDGEMENT

(1.) THIS appeal arises out of an application for execution of a decree for mesne profits. The decree-holders claimed interest on mesne profits. The Court below held that the decree-holders were not entitled to interest inasmuch as the original decree was silent as to interest on mesne profits. In the plaint interest had been asked for on mesne profits. The learned Subordinate Judge was of opinion that as the decree was silent on the question of interest, the relief as to interest should be deemed to have been refused. The decree-holders appeal.

(2.) IT appears from the definition of the term mesne profits that it includes interest on such profits. The original decree must, therefore, have included interest on mesne profits and the decree-holders were entitled in execution of their decree to interest thereon. I allow the appeal, set aside the order of the Court below in so far as it dismisses the decree-holders claim for interest on mesne profits and direct that the application be dealt with by that Court according to law. The respondents are not represented here. The appellants will get their costs in this appeal.