Judgement

Law Rep. 62 Ind. App. 53 ( 1934- 1935) Secretary of State v. Saroj Kumar Acharjya Choudhury

208

Appeal (No. 92 of 1933) from a decree and supplementary decree (January 14 and February 25, 1932) of the High Court varying a decree of the Subordinate Judge, first Court, Faridpore (July 13, 1927).

In 1902 the respondents, or their predecessors, instituted a suit against the appellants claiming a declaration of their title to a fourth share in certain char lands possession of which had been taken on behalf of the Government in 1890, and for mesne profits. The respondents obtained a decree under a judgment of the Privy Council, delivered in 1917, which reversed the decree of the High Court and restored the decree of the trial judge.

The accounting period for which mesne profits had to be calculated was from May 29, 1899, to April 15, 1921. The appellant disputed the sum decreed by the High Court (Mukherji and Mitter JJ.) in three respects—namely, (1.) large sums allowed in respect of salami, (2.) the disallowance of collection expenses, (3.) the allowance of 12 per cent, interest.

The facts appear from the judgment of the Judicial Committee.

1934. Nov. 8, 12, 13, 15, 16. Dunne