KAMALA PROSAD SUKUL Vs. CHANDRA NATH PRAMANIK

JUDGEMENT

(1.) This appeal arises out of a final decree determining mesne profits. The proceedings followed a decree for possession with mesne profits in favour of the plaintiff and against a very large number of defendants who belong to two classes, viz., the landlord-defendants and the tenant-defendants. The. plaintiff has appealed, but some of the defendants of the latter class are not before us, one of them not having been made a party to the appeal and three others having died and an application to substitute their heirs in their places not having been allowed as it was filed out of time. The decisions of the Courts below assessing the amount of mesne profits are concurrent.

(2.) A preliminary objection has been taken as to the maintainability of the appeal in view of the defect of parties noticed above. This objection will have to be dealt with first.

(3.) The claim for mesne profits is one to recover damages for the previous occupation of the land and under the present procedure it can be joined with the action for the recovery of the land. In the present case it was so joined and a decree entitling the plaintiff to mesne profits was passed against all the defendants in the suit. In the proceedings relating to the ascertainment of mesne profits, a certain sum was assessed by the trial Court and the decree passed on the basis cf the said assessment has been upheld by the lower appellate Court. The object of the plaintiff in preferring this appeal is to vary the amount so assessed. His ground is that the assessment has been made on a wrong principle.