VIDYA RAM Vs. MOHAN LAL

JUDGEMENT

(1.) This first appeal arises out of execution proceedings instituted by the appellant to enforce a decree which he succeeded in obtaining from this Court on the 5th June 1906. That decree contained a declaration that the plaintiff appellant was entitled to half a zamindari property in certain villages; further that he was entitled to mesne profits in respect of his aforesaid share in the aforesaid property--the amount to be ascertained m the execution department. Before the Subordinate Judge, the Court executing the decree, objections were taken by the judgment-debtor to the effect that mesne profits could not be awarded by the Court executing the decree in addition to the 3 years mesne profits claimed in the plaint; also that the decree-holder was not entitled to recover any interest from the judgment-debtor inasmuch as the decree made no mention of interest; also that he was not entitled to certain expenses which he had incurred during the time he was in possession, such as payment of Government revenue and collection of cesses.

(2.) The Subordinate Judge disallowed the decree-holder's claim for mesne profits, for any period over and above the three years mentioned in the plaint. He also refused to grant any interest upon the mesne profits and in considering the amount due to the decree-holder he gave the judgment-debtor credit for such Government revenue and cesses as had been paid by him and also for half share of thanefs pay and in his final order directed that each party was to bear his own costs of the objections.

(3.) The decree-holder comes here in appeal and takes exception to the limitation imposed by the Court below upon the period for which mesne profits were payable. He also contends that he is entitled to interest on mesne profits and that inasmuch as the judgment-debtor had not acted in the exercise of a bona fide claim ho was not entitled to any deduction whatever from the mesne profits. He also asks this Court to give him his costs in the Court below.