VEERASAMI MUDALI Vs. PALANIYAPPAN

JUDGEMENT

(1.) We are unable to understand the reasoning of the learned District Judge in arriving at his finding, and we are therefore unable to accept it even though it is one of fact. We would call upon him to submit a revised finding on the issue in question. We think the parties may be allowed an opportunity to adduce fresh evidence on the point as the evidence on record seems to be too meagre to arrive at a satisfactory finding. Finding will be submitted in two months and 7 days will be allowed for filing objections.

(2.) In compliance with the order contained in the above judgment the District Judge of Trichinopoly submitted a finding that the mesne profits should be fixed at Rs 115 a year.

(3.) This Second Appeal again coming on for hearing on Thursday, the twenty-second day of March, 1923, after the return of the revised finding called for by the order of this Court made herein, dated the 22nd August, 1922.