K.P. NALLA GOUNDAR Vs. P. RAMASWAMY AND ORS.

JUDGEMENT

(1.) THIS is a petition to revise the order of the learned Subordinate Judge, Salem dated 4th October, 1977 made in I.A. No. 646 of 1976 in O.S. No. 114 of 1966 By the impugned order the learned Subordinate Judge appointed a Commissioner for ascertaining the mesne profits. The suit itself was one for partition and a preliminary decree was first passed and thereafter a final decree was passed dividing the properties as between the parties. It is thereafter the present application for appointment of a Commissioner for ascertaining the mesne profits was filed and the impugned order was passed thereon.

(2.) THE learned Counsel for the petitioner challenges the impugned order on the ground that after a final decree in the partition suit there can be no separate decree in relation to the mesne profits. itself. This question had come up for consideration before this Court in B.N. Thiayagarajan v. B.N. Sundaravelu : AIR 1972 Mad 216 judgment by Raghavan, J. and in A.R. Veerappa Goundar v. Sengoda Goundar judgment by N.S. Ramaswami, J. The judgment of N.S. Ramaswami, J., is a later one and he has considered the decision of Raghavan, J. Raghavan, J., after referring to certain earlier decisions stated as follows: