Decided on May 02,1969

Vidya Bai Appellant
NARAYANDAS Respondents


T.P.NAIK, J. - (1.) THIS is a second appeal by the defendants.
(2.) THE suit of the plaintiff -respondent was for accounts of profits or for compensation for use and occupation by the defendants of what he alleged was the joint property of the parties. Initially, the claim was laid for the years 1955 -56 to 1959 -60 on the allegation that the plaintiff had been excluded by the defendants from joint possession of the suit property since about 1 -5 -1947, to the extent of his half share therein, and that though the plaintiff had demanded accounts of the profits several times, the defendants refused to render accounts or to pay his share of the profits. Later, on or about 1 -7 -1965, the plaint was amended to include accounts and profits for the period of the pendency of the suit, viz., for the years 1960 -61 to 1964 -65. The trial Court decreed the claim of the plaintiff in the sum of Rs. 2,750 for the years 1955 -56 to 1959 -60. It disallowed the claim for the later years because, in its opinion, the suit must be decided on the cause of -action as existing on the date of the suit. Both the parties appealed. The learned District Judge allowed the appeal of the plaintiff and decreed compensation for all the years as claimed, viz., for the years 1955 -56 to 1964 -65. The appeal of the defendants was dismissed.
(3.) THE suit property consists of cultivable land, a house and certain number of mango trees.;

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