Judgement

Appeal from a decree of the High Court (Feb. 20, 1894) reversing an order of the Subordinate Judge of Rajshahye (March 31, 1892), and remanding the case to him to be disposed of in accordance with the principles laid down by the High Court. The questions for decision included the principle on which an account of mesne profits of lands decreed should be taken in the execution department, and the procedure to be observed in regard to local investigation and subsequent action by the Courts.

Rajah Bireswar Roy died many years ago and left two sons, the elder, Shikhareswar, who died in 1865, leaving one son, the respondent, and the second, Maheshwar, who died in 1873, and is represented by his three surviving sons, Tarakeswar, Biseswar, and Kasiswar, who were defendants in the original suit, but were not parties to this appeal. He also left a daughter, Baroda Soondari, since deceased, who adopted the appellant.

Bireswar Roy and his wife Joy Soondari made from time to time various grants of properties to Baroda Soondari, and the suit of the plaintiff in which this execution proceeding arose related to those properties.

After his death the estate of Rajah Bireswar Roy was taken