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1962 Supreme(Bom) 86

S.M.SHAH
Suratsing Chandanmal Oswal – Appellant
Versus
Gulabchand Lachmandas Pardesi – Respondent


Judgment

1. On 13th April 1932, one Chandanmal Jasraj filed suit No. 472 of 1932 for possession of an immoveable property and for past and future mesne profits. The suit resulted in a decree, which was passed on 9th September 1933. The defendant filed an appeal against that decree, but that appeal was dismissed on 27th November 1935, as having abated on account of the heirs of the plaintiff, who had died in the meantime, not having been brought on record. The defendant thereafter filed an application for review of the order dismissing the appeal but that application was also dismissed on 8th June 1936. In execution of the decree, Suratsing, the adopted son of the deceased plaintiff Chandanmal, recovered possession of the property on 13th March 1949. A few days thereafter, i. e. on 8th April 1949, he made an application to the trial Court for ascertainment of the inesne profits from 13th April 1932, i. e. the day on which the suit was filed till 13th March 1949, when possession of the property in question was recovered by him. It appears that in this application Suratsing had omitted to mention the fact that the defendant had filed an appeal against the decree in the suit. Suratsing










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