Judgement

Consolidated Appeals (No. 10 of 1935) from two decrees of the High Court (August 13, 1931) varying a decree of the Additional Subordinate Judge of Monghyr (November 16, 1927).

The main question in this appeal related to the assessment of mesne profits as against the appellant for the period from March 31, 1908, to January 13, 1915, in respect of certain property, situated in Mahal Bisthazari, which had been purchased by auction by the appellants father. The respondents obtained delivery of possession of the property in question on May 7, 1918, by virtue of an Order in Council, dated February 4, 1915, made in Original Suit No. 596 of 1902 for recovery of possession instituted by the respondents against the appellants father, Baijnath Goenka Maharajah Sir Raveneshwar Prasad Singh and Others v. Baijnath Ram Goenka and Others (( 1915) L. R. 42 I. A. 79.), where the facts which led to the present litigation appear in the judgment of the Board. (Ibid. 84.)

Among the property purchased by the appellants father was a six annas, nine gandas, fourteen cowries share in each of the three villages Singthu, Padmawat and Dhandh ; villages which had been awarded to the respondents on par