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1958 Supreme(Pat) 69

R.K.CHOUDHARY, V.RAMASWAMI
Pandey Aklu Singh – Appellant
Versus
Ram Prit Tewary – Respondent


Judgment

R.K.Choudhary, J.

1. These three miscellaneous appeals arise out of the execution of a decree for mesne profits. After the preliminary decree for mesne profits was passed, an application was made by the decree-holders for ascertainment of the amount of mesne profits, and on 31-5-1947, the court disposed of that application. The order shows that the court gave a direction for the determination of the mesne profits taking the yield at the rate of 10 maunds of paddy per bigha by kuchha weight and that the sale rate was to be the gazette rate. The plaintiffs decree-holders were also directed to file court-fees on the ascertained amount. On 4-7-1947, they were ordered to file court-fees on the ascertained sum for preparation of the decree. Nothing seems to have been done thereafter and for the first time, on 25-4-1950, an application was filed on behalf of the decree-holders for calculation of the mesne profits at the gazette rate and ultimately the gazette sale rate having been ascertained, calculation of the amount of mesne profits was made on 8-8-1950.

On necessary court-fees having been filed by the decree-holders, a decree was drawn up and signed on 7-5-1951. Thereafter, th





















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