PATHAK BHAUNATH SINGH Vs. THAKUR KEDAR NATH SINGH

JUDGEMENT

(1.) (August 28, 1933). These two appeals are preferred from a decision of the lower Appellate Court which dealt with two orders of the Munsif of Palamau, dated respectively February 17 a March, 18, 1930, giving contrary decisions on the question of limitation arising in two separate applications of the defendants for mesne profits preferred under Section 144 of the Civil P. C., which the plaintiff contended were barred by limitation.

(2.) In both appeals the officiating Judicial Commissioner decided in favour of the applicants under Section 144.

(3.) The appellants brought a suit and obtained decree on May 15, 1924, and delivery of possession of the property in suit on July 1, following. On March 23, 1926, the Judicial Commissioner allowed the appeal of the defendants and his decision was affirmed by the High Court in second appeal on July 25, 1928.