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1958 Supreme(Cal) 113

U.C.LAW, K.C.DAS GUPTA
KANAI LAL MAITY – Appellant
Versus
SHYAM KISHORE DAS – Respondent


Advocates Appeared:
BASANTA KUMAR PANDA, Jitendra Nath Guha, MANAN KUMAR GHOSH

K. C. DAS GUPTA, J.

( 1 ) IN the suit brought by the present appellant against these respondents he obtained a decree, the relevant portion of which was in the following terms:"plaintiff's title to the lands of Schedule Ka to the extent of l/5th share is hereby declared. He will get possession therein and will remain in possession of the same jointly with the defendants. Plaintiff's exclusive title to the lands of Schedule Kha is declared. He will get khas possession there in by evicting the defendants therefrom. His claim for damages or compensation is dismissed. He will get mesne profits in respect of the lands of Schedule Kha so long as they remained in possession of the defendants. The amount of the same will be determined hereafter in accordance with law. "this decree was made on 13-3-1951. We are informed that the plaintiff actually recovered possession of the Kha Schedule land sometime in May 1954. Long before this date, on 5-5-1951 he made an application for the appointment of a commissioner for investigation as regards the mesne profits. The Commissioner reported that the plaintiff was entitled to a sum of Rs. 854/- on account of mesne profits in respect of produce grown







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