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1965 Supreme(Bom) 158

L.M.PARANJPE
Kesardeo Baijnath – Appellant
Versus
Nathmal Kisanalal – Respondent


JUDGMENT - [1] The Short question involved in this appeal is regarding the mode of computing mesne of profits and the amount of mesne profits which would eventually follows:

[2] The house in dispute of was contracted more than 40 years before 1957. A block of four rooms from that house was taken on a rent of Rs. 21-10-6 per month by the defendants on from the former owners in the years 1939. The plaintiff respondents purchased this entire building inclusive of the block in possession of the defendant on the 2nd of February 1954. After obtaining permission from the Rent control Officer, the plaintiff respondents served that defendants with a notice terminating his tenancy and filed hi suit for ejectment arrears of rent and mesne profits in the years 1955. This suit was eventually decreed on the 12th of December 1957 and it was ordered under order 20 Rule 12, Code of civil procedure that mesne profits from 1-8-1955 on wards be determined. The defendants appellant actually vacated possession of the block in suit on 8-9-1958. Upon an application by the plaintiff decree holder the trial court fixed the mesne profits of the said block for the period from 1-8-1955 to 8-9-1958 at Rs.75 per


















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