MD SHAMSGOYA ROWTHER Vs. OMANDU PILLAI

JUDGEMENT

(1.) The plaintiff is a lessee, who in this suit claimed mesne profits from the defendant, who had kept him out of possession and had obtained the order of a Magistrate under Section 145 of the Criminal P. C., confirming his possession "until evicted in due course of law".

(2.) The District Munsif dismissed the suit, because the plaint did not contain a prayer for possession. The plaintiff's lease was a short one for 3 years, and he did not want possession at the time of instituting his suit. The District Munsif held that it was necessary that the Magistrate's order should be vacated and that this could only be done in a suit for ejectment.

(3.) The Subordinate Judge held that it was not necessary that the Magistrate's order should be vacated, or that the plaintiff should bring a suit to recover the property.