Judgement

Appeal (No. 3 of 1928) by special leave from a decree of the High Court (January 25, 1926) affirming a decree of the Subordinate Judge of Muzafferpur.

In circumstances which appear from the judgment of the Judicial Committee the respondents obtained against the appellants a decree for joint possession with them of about twenty-three bighas of land together with mesne profits.

The report of a commissioner appointed by the Subordinate Judge assessed the mesne profits at Rs.19,869, on the basis of what the land would have produced if tobacco, sugar cane, and similar productive crops had been grown.

The Subordinate Judge adopted the report, holding that the basis upon which the mesne profits had been assessed was correct; he made a decree accordingly.

The High Court (Das and Ross JJ.) affirmed the decree.

1929. Oct. 18, 21. Dunne K.C. and E. B. Raikes K.C. for the appellants. The appellants being joint owners of the land the respondents were only entitled as mesne profits to a proportion of the fair commercial rent obtainable for the land Watson & Co. v. Ramchund Dutt.(( 1890) L. R. 17 I. A. 110.) If, however, the mesne profits should be based upon the produce of the land, it