( 1 ) THIS Full Bench has been constituted on a reference made by the learned single Judge of this Court (Mulye J.) in Second Appeal No. 105 of 1972. Though the precise question referred to this Bench has not been, formulated, learned counsel for the parties agreed that the question arising in this reference is as follows:

"where in a suit for recovery of possession of immoveble property there is only claim for future mesne profits from the date of the suit and there is no claim for past mesne profits, whether the Court is empowered to pass a decree for future mesne profits, while passing a decee for possession of the property"

( 2 ) THE facts giving rise to this re-ference have been set out in the order_ of reference,. In a suit instituted by the plaintiff-respondent against the appellant for revovery of possession of a parcel of land, the plaintiff claimed mesne profits from the date of the institution of the suit till possession, but no claim was made for past mesne profits. On behalf of the defendant appellant, it was contended, relying upon two Division Bench decisions of this Court in Deepchancd v. Sukhlal (1969 MPLJ 434) : (AIR 1969 Madha Pra 232) and in Karansingh