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1905 Supreme(Cal) 91

GHOSE, GEIDT
Girish Chander Lahiri – Appellant
Versus
Sasi Sekhareswar Roy – Respondent


JUDGMENT

Ghose and Geidt, JJ. - This is an appeal by the decree-holder against an order of the Subordinate Judge of Kajshahi determining the amount of mesne profits due by the judgment-debtors with interest thereupon. The facts of this case are set out in the judgment that we delivered on the 8th August 1902, at an earlier stage of the proceedings. It will be found that a decree was pronounced in January 1884, in favour of the decree-holder for recovery of possession of various Immovable properties with mesne profits during the period of dispossession, the amount of such mesno profits being left for determination in execution of the decree. The judgment-debtors were Raja Sasi Sekhareswar Roy, Kumar Kasiswar Roy, Kumar Biseswar Roy and Kumar Tarakeswar Roy. In the course of the suit which came up before this Court in appeal, it appears, upon the record of this case, that there was a compromise between the decree-holder, on the one hand, and Kumar Kasiswar, who was apparently in possession of a sixth share of the properties involved in the suit, on the other, under which the plaintiff received a certain sum of money from Kasiswar by way of satisfaction of his claim as against that ind

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