Judgement

Consolidated Appeals from a judgment and decree of the High Court (February 25, 1910) partly affirming and partly reversing four decrees of the Subordinate Judge of Monghyr.

The appeals were in respect of decrees upon applications for mesne profits in respect of property which under decrees made by the Subordinate Judge, the High Court, and the Privy Council in pre-emption proceedings had alternately been in the possession of the preemptors and the original purchaser. The facts are fully stated in the judgment of their Lordships.

The Subordinate Judge held that the above named respondents, representing the original purchaser,

Law. Rep. 44 Ind. App. 80 ( 1916- 1917) Deonandan Prashad Singh V. Ramdhari C howdhri

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were entitled to mesne profits for the period between July 19, 1900, and July 20, 1904, during which they were out of possession, and that the pre- emptors (the above named appellants) were not entitled to mesne profits for the subsequent period, since they were only entitled to, possession upon paying the full price at which the Privy Council held that they were entitled to purchase.

The High Court (Brett and Sharfuddin JJ.) reversed the decrees in favour of th