ANUKUL CHANDRA CHAKRAVARTI Vs. NABIN CHANDRA BOSE

JUDGEMENT

(1.) In this case the plaintiff obtained a decree in a title suit and proceeded with a farther suit in which he sought to recover mesne profits of lands which he had recovered from the defendant. He succeeded before the Munsif in obtaining a decree for Us. 766. On appeal to the lower Appellate Court, this was reduced to a sum of Rs. 296-10.

(2.) The question before us is whether the basis on which the Appellate Court arrived at the sum of Rs. 296 is a proper; basis for the purpose. In our opinion, it is not, It appears that before the plaintiff was dispossessed, he had settled the lands at a rental of Rs. 40 per year and it is on this basis that the Rs. 296 is calculated, that is, the Appellate Court considered not what the defendant may be taken to have made but what the plaintiff lost. This is not the correct basis, as is shown by the definition of mesne profits in Section 2, subsection 12 of the Civil Procedure Code. The duty of the Court in estimating mesne profits is there so clearly indicated that we need not amplify the matter.

(3.) A second point has been raised on the question of interest being allowed on the mesne profits. This also appears to be settled by the definition which we have referred to.