SADASIVA PILLAI Vs. RAMALINGA PILLAI

JUDGEMENT

(1.) SHUNMOOGA Pillai and Chiddunbrun Pillai were cousins, and the only members of a joint and undivided Hindu family. Shunmooga died first, and in 1858 the Appellant, claiming to be his adopted son, brought a suit to enforce his rights against Chiddunbrun, who denied the validity of the alleged adoption. The suit was in its nature one to establish the Plaintiff's title as the heir of his adoptive father, and to obtain a partition of the joint family estate. It specifically claimed the mesne profits of the landed property from the date of the alleged exclusion, that is to say, from the Fusli year 1267, corresponding with 1857-58, but did not claim mesne profits for the subsequent years.

(2.) ON the 11th of June, 1859, the civil Judge of Cuddahre made a decree in the Plaintiff's favour, which affirmed his title as adopted son of Shunmooga, awarded to him a moiety of the joint estate, including certain lands, and the sum of Rs. 4395 6a. 7 1/2 p. as his share of the mesne profits of such lands for the Fusli year 1267, hut was silent as to the mesne profits which had accrued since the institution of the suit. Both parties appealed against this decree to the Sudder Court of Madras, which, by its decree dated She 24th of September, 1860, dismissed the Defendant's appeal and modified the decree of the Civil Court by awarding to the Plaintiff a further sum of Rs. 849 4a. 1p. as the value of his share in certain jewels and other moveable property. It left the decree of the Civil Court untouched in respect of the mesne profits of the immoveable property.

(3.) IN September, 1864, the Plaintiff commenced the proceedings out of which this appeal has arisen, in order to obtain execution of the decree made in his favour. By his petition he prayed to be put, into possession of his share of the lands; to have execution for the ascertained sums awarded to him by the decree, including the mesne profits for the Fusli year 1267, with the interest thereon; and also to have execution for the two further sums of Rs. 48,075 14a. 1p. and Rs. 15,890 15a. 7p., the first being the alleged amount of mesne profits for the six years from Fusli 1268 to Fusli 1273: and the latter the estimated amount of interest due on such mesne profits. He has been put into possession of his share of the lands, and may be assumed, subject to what may be said hereafter touching his share of the outstanding debts due to the joint estate, to have obtained all to which he can be entitled under the decree except the two last-mentioned items; or such other sums, if any, as may be due to him for the mesne profits for the years in question, and interest thereon. His claim to such subsequent profits and interest was litigated between him and the Respondent in the proceedings which will be hereafter more particularly considered. The result of these was an order of the Civil Court dated the 31st of January, 1872, which awarded to the Plaintiff the sum of Rs. 36,223 6a. 2p. for mesne profits, but rejected his claim for interest thereon.