M.P.SINGH
Dwarka Rai – Appellant
Versus
Babu Lakshmi Narain Singh – Respondent
1. This appeal by the defendants from a final decree of the Additional Subordinate Judge, Begusarai, of 9 March, 1968 is solely concerned with the question of ascertainment of mesne profits. The profits consist of the produce from 4 bighas 10 kathas of land. The point raised for determination in this appeal is as to the basis upon which mesne profits should be determined. The plaintiffs-respondents claimed mesne profits for 15 years from 1349 to 1363-Fs. claiming Bhadai and Rabbi crops. They claimed maize as Bhadai crops for the year 1353-Fs. and wheat, sugar-cane, Rahar, Mirchai, Andi and Alua as Rabbi crops for different years. Wheat was claimed only for three years, 1349, 1350 and 1353-Fs.; sugar-cane was claimed for five years, namely, 1351, 1352 and 1358 to 1360-Fs., Rahar for two years 1355 and 1357-Fs., Mirchai and Andi for 1361-Fs. and Alua for 2 years 1356 and 1363 Fs. The total amount claimed after deduction of the cost of cultivation was Rs. 77,054.25 Paise in respect of both the Bhadai and Rabbi crops.
2. The learned Munsif 1st, Begusarai rejected the claim of the plaintiffs for Bhadai (maize) crops. He also disallowed the claim for Mirchai, Andi and sugarcane.
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