TAJ BEGAM Vs. SARVI BEGAM

JUDGEMENT

(1.) This is an appeal arising out of the execution of a decree made on 31st March 1900, in a suit brought by Musammat Sarvi Begam for her share in the estate of her father Mir Khan Sardar Bahadur. The sons of Mir Khan Sardar Bahadur, his daughters and other heirs were made defendants to the suit. The plaintiff also claimed mesne profits for a period of three years preceding the suit and also future mesne profits. The claim for possession of the property was decreed by compromise, and so also the claim for mesne profits. It was, however, expressly stated in the compromise that the amount of mesne profits would not carry interest. The amount of the mesne profits was to be determined in the execution department. The decree passed in the case embodies the terms of the compromise.

(2.) An application for the determination of the amount of mesne profits was made to the Court below and Mr. David, the then Subordinate udge, determined the amount of mesne profits by his order dated 28th August 1905. It appears that the other daughters (among whom was Taj Begam) of Mir Khan Sardar Bahadur had also brought their suits for their share of their father s estate and mesne profits and had obtained their respective decrees for possession and mesne profits. Taj Begam got her decree for mesne profits with interest thereon at 12 per cent, per annum. One of the points which Mr. David had to determine in the enquiry was whether the daughters ware liable to pay future mesne profits He held that as the daughters were out of possession, they were not liable for future mesne profits. Musammat Taj Begam was held responsible only for profits for the three years immediately preceding the suit. Mr. David notes on his judgment the fact that in the case of Sarvi Begam the decree for mesne profits in her favour did not carry interest, but that in the case of the decree obtained by Taj Begam interest on mesne profits was allowed at 12 per cent, per annum. A decree for the amount of mesne profits passed by Mr. David was drawn up in accordance with his order. It seems from Mr. David s order that he held an inquiry1 a-bout the mesne profits due to the other daughters of Mir Khan Sardar Bahadur as well. He gives in his order a full history of the litigation. The amount of mesne profits found due to Sarvi Begam was fixed at Rs. 17,061-10-9.

(3.) On 28th February 1912, an application for the execution of the decree passed it favour of Sarvi Begam was made by the decree-holder against the several judgment-debtors, among whom was Musammat Taj Begam, who is the appellant in this appeal. Execution was sought to recover a sum of Rs. 10,9 0-4-8 by the sale of the property of the judgment-debtors. The amount of Rs. 10,910-4-8 is stated to have been thus made up: