SHEIKH YAKUB Vs. TAZIMUDDI MULLICK

JUDGEMENT

(1.) In this case the suit was brought by the plaintiffs asking for a declaration of their title, and also that their possession should be confirmed, and further that a decree might be passed in t their favour for a sum of Rs. 49-8-0 by way of mesne profits: and, then the1 plaintiffs went on and claimed in the alternative that if for any reason the Court adjudge the plaintiffs to be dispossessed, or not in possession after the institution of the suit, a decree might be passed for khas possession; and, finally they prayed for any relief which the Court might find them entitled to according to the principles of equity.

(2.) In my judgment the rights of the parties in this case are plain: It appears that the Courts in this case have decreed the plaintiffs title and there is no dispute about that matter. The present defendants in the year 1907 brought an action against the plaintiffs on the ground that the present plaintiffs had taken away the crops which the defendants had grown. That action was brought in the Small Cause Court and the present defendants obtained a decree for a sum of Rs. 43-8-0, on the ground that the present plaintiffs had deprived the present defendants of the crops in question. Then the present plaintiffs brought this suit in the following year.

(3.) The learned Judge of this Court has held that inasmuch as the claim was not for possession but was for confirmation of possession, the amount of mesne profits, which the first Court had awarded, namely Rs. 49-80, could not be decreed. It may here say that the sum of Rs. 49-80 was made up of the Rs. 43-8-0 and, suppose, interest from the time it was paid until the institution of this suit.