1. While disposing of an appeal in a suit for redemption, the Subordinate Judge, Pathanamthitta directed the issue regarding mesne profits to be decided under Order XX R.12 of the C.P.C. The decree of the Subordinate Judge was confirmed in Second Appeal. The enquiry was conducted by the trial court after the decree-holder took delivery of the property in execution. The enquiry revealed that the income of the property was much,more than the claim made in the plaint. The court, however, limited mesne profits to the figure mentioned in the plaint. The decision was confirmed in appeal. The above decision is challenged in this Second Appeal, by the plaintiff decree-holder.

2. The provisions relevant to the enquiry are contained in Order VII, R.2, Order XX R.12(1)(c) and S.44 of the Court Fees Act. Under Order VII R.2, where the plaintiff sues for mesne profits, he should state approximately the amount sued for. S.44 of the Court Fees Act states that in a suit for mesne profits, fee should be computed where the amount is stated approximately and sued for, on such amount. If the profits ascertained to be due to the plaintiff are in excess of the profits as approximately estimat