DEBI PERSHAD Vs. CHOUDHARI BROTHERS LTD

JUDGEMENT

(1.) Messrs. Chaudhari Brothers, Limited, of Narwana instituted a suit against Shri Debi Parshad for possession of the Imperial Flour Mills, revovery of Rs. 42,500 on account of arrears of rent for the period ending on 30 September 1947, Rs. 3600 on account of interest on this sum and Rs. 60,750 on account of mesne profits for the period between 1 October 1947 to 23 April 1948. In para. 11B of the plaint plaintiffs claim mesne profits from the date of the suit till the date of the delivery of possession of the Mills.

(2.) At the trial a preliminary objection was raised by the defendants that the suit for possession of the Imperial Flour Mills was in pith and substance a suit for the eviction of the defendant and was barred by the provisions of Section 13, Punjab Act VI

(6.) of 1947. Now, it is conceded that the suit for recovery of rent and mesne profits is not barred by the provisions of Section 13, Punjab Act VI