Case Note & Summary
The dispute involved a claim for mesne profits by the appellants, heirs of Ishverlal Tansukhlal, against the respondents, heirs of Vasantlal Mulji Ved, concerning immovable property known as 'Tansukhram's Hissa'. The original plaintiffs filed a suit on 25-11-1966 seeking possession, accounts, and partition of the property. The Civil Judge decreed the suit on 28th February 1967, affirming the plaintiffs' half share in the joint properties and ordering the defendants to render accounts. A Commissioner was appointed, who reported on 11-9-1967 that the plaintiffs were owed Rs.7230/- by the defendants. The plaintiffs sought a final decree for possession and mesne profits, but the trial judge's final decree on 28th January 1975 did not address the mesne profits. The appellants contended that the trial judge misconstrued the preliminary decree and failed to award the mesne profits as determined by the Commissioner. The court analyzed the Commissioner's findings and the provisions of the Civil Procedure Code, concluding that the trial judge erred in not awarding the mesne profits. The appeal was allowed, and the plaintiffs were declared entitled to recover Rs.7230/- with interest from the date of the Commissioner's report. No costs were awarded in the appeal.
Headnote
A) Civil Procedure - Mesne Profits - Entitlement to Mesne Profits - Code of Civil Procedure, 1908, Order XX, Rule 12 - The court held that the trial judge erred in not awarding mesne profits to the plaintiffs despite the Commissioner's report indicating dues payable by the defendant. The plaintiffs were entitled to recover Rs.7230/- as mesne profits with interest from the date of the Commissioner's report (Paras 1-2).
Issue of Consideration
Whether the trial court erred in not awarding mesne profits to the plaintiffs as determined by the Commissioner.
Final Decision
The appeal was allowed, and it was declared that the plaintiffs recover Rs.7230/- from respondent-defendant No.2 as mesne profits with interest at 6% from the date of the Commissioner's report until realization. No order as to costs.
Law Points
- mesne profits
- final decree
- Civil Procedure Code
- accounts
- possession
