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1967 Supreme(Ker) 261

M.U.ISAAC, T.C.RAGHAVAN
SUBRAMONIA IYER – Appellant
Versus
VENKITACHALAM IYER – Respondent


Judgment :-

1. This is an appeal by the second plaintiff in O. S. No. 110 of 1119 in the court of the erstwhile Second Judge, Alleppey from an order under S.144 CPC. The suit was for recovery of 47 acres of paddy land with mesne profits from defendants Nos. 6 and 7, on deposit of Rs. 10,800/-. The suit was dismissed with costs. But in A. S. No. 336 of 1124 (T), it was decreed with costs by the Travancore-Cochin High Court. Pursuant to the decree of the High Court, the second plaintiff recovered possession of the property on 3-4-1954. Defendants Nos. 6 and 7 filed C, A. No. 744 of 1957 in the Supreme Court against the decree of the High Court. The appeal was allowed by the Supreme Court with costs, by its judgment dated 30-3-1961. Thereupon an application under S.144 CPC. was filed by defendants Nos. 6 and 7 on 12-6-1961 for restoration of the property with mesne profits. Though the application was resisted by the second plaintiff on several grounds, the property was delivered back to the 6th and 7th defendants through court in November 1961; and thereafter only the question relating to the mesne profits remained to be determined.

2. The claim for mesne profits relates to the period

















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