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1957 Supreme(Mad) 250

PANCHAPAKESA AYYAR
Sinnapappal alias Sinnakaliakkal – Appellant
Versus
Subbanna Goundan – Respondent


Advocates:
R. Ramamurthi Ayyar, for Petitioner.
A. R. Ramanathan, for Respondent No. 1.
S. Tyagaraja Ayyar, for Respondents Nos. 4 and 12.
The Additional Government Pleader (K. Veeraswami) for the State.

Order

This is a petition by one Sinnapappal alias Sinnakaliakkal for revising andsetting aside the order of the District Judge of Coimbatore, dated 13th September, 1955, in an unnumbered appeal by her against mesne profits of Rs. 9,766 found as due by her in respect of certain property under a decree of this Court, directing her to pay ad valorem Court-fee of Rs. 712-7-0 instead of the Court-fee of one rupee she had paid, as on an appeal against an order under section 47, Civil Procedure Code, taking refuge in the fact that the mesne profits were determined in E.P. No. 1165 of 1953, in O.S. No. 406 of 1942 by the District Munsif of Gobichettipalayam who was in this case the person who could hear and determine the Execution Petition as well as hear and determine a petition under Order 20, rule 12, Civil Procedure Code, for mesne profits.

The petitioner had contended before the learned District Judge that as a Bench of this Court had, in S.A. No. 429 of 1946, decided on nth April, 1949 observed that so far as the properties in S.A. No. 429 of 1946 were concerned, the plaintiffs would be entitled to mesne profits at a rate to be ascertained in execution proceedings from the date mention











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