The right to apply for mesne profits arises immediately after the preliminary decree and is not contingent on the occurrence of specific events.

1. The short question that arises for consideration in this revision application is as to when the right to apply for ascertainment of mesne profits arises when a preliminary decree directs an enquiry as to future mesne profits from the institution of the suit under O.20, R.12(1)(c) of the Civil P.C.

2. The facts giving rise to this revision application may be briefly stated : -
The applicants - plaintiffs hereinafter referred to as decree - holders had instituted Civil Suit No. 756 of 1970 for eject Dent and mesne profits in respect of shop premises situated at Sitabuldi, Nagpur. The suit of the decree - holders was dismissed by the trial Court on the round that there was no proper notice and the permission of the Rent Controller was not obtained to terminate the tenancy of the defendant. The plaintiffs appealed against the decree and judgment of the trial Court. The learned Second Extra Assistant Judge of Nagpur allowed the appeal and ordered the defendant to deliver possession of the suit premises to the plaintiffs. The appellate Court further directed that the enquiry be made into mesne profits in respect of the suit premises from the date of suit, i.e. 16-9-1970 till delivery of possession of the suit premises to the plaintiffs - appellants. This decree was made on 31st of Dec. 1975.

3. Being aggrieved, the defendant (non - applicant in this revision application) has preferred a second appeal.

4. It appears that after the non - applicant moved an application in the second appeal for stay of the decree this Court granted stay as regards the delivery of possession. The direction was, however, given that enquiry into mesne profits shall not be stayed. However, as the decree for possession was stayed, by an order dated 3-3-1976, the Special Officer of this Court directed the non - applicant / Judgment - debtor to deposit certain amount in the Court towards the mesne profits. A certain amount was directed to be deposited towards the mesne profits that was already accrued due in the past, and thereafter the judgment - debtor was directed to deposit a certain amount per month as mesne profits, on or about 5th of each month. This was the condition for the operation of the stay order for the delivery of possession. It appears that, being aggrieved with the direction of the Special Officer to the effect that the enquiry into mesne profits shall not be stayed, the non - applicant - judgment - debtor had preferred a revision application in this Court. It is common ground that that application has been dismissed.

5. It appears that the decree - holders filed an application under O.20, R.12 of the C.P.C. for enquiry into mesne profits on 26-3-1976. The non - applicant judgment - debtor filed his preliminary objection as per Exh. 10 challenging the tenability of this application on the wound that the application was premature.
It has pleaded that no enquiry for ascertainment of mesne profits could commence till the delivery of possession contemplated by O.20, R.12 of the C.P.C. It was also pleaded that in view of the stay order granted by the High Court against delivery of possession of the suit premises, the enquiry into mesne profits could not commence till the decision of the Second Appeal pending before the High Court. On consideration of the arguments advanced before him, the learned Civil Judge was not inclined to accept the submission made on behalf of the judgment - debtor that the High Court having stayed the decree for possession, the enquiry into mesne profits was premature. Relying, however, on certain observations in Babburu Basavayya v. Guravayya (AIR 1951 Mad 938 (FB)), the learned Civil Judge held that the right to apply for mesne profits arises after the happening of one o