Decided on November 11,1997

MAST RAM Appellant
NIKA RAM Respondents


P.K.PALLI, J. - (1.)This Revision Petition is directed against order passed by the Execution Court dated 27th of October, 1994, where by objections, filed by the Judgment debtors, were dismissed and in respect -of mesne profits it was held that the Decree -holder cannot be held entitled to mesne profit since it does not form part of the judgment and decree.
(2.)The admitted position is that a suit for possession by way of redemption was filed by the - plaintiff which was decreed and appeal against judgment and decree was ordered to be dismissed by the first appellate Court. The second appeal filed before this Court numbered as RSA No.44 of 19 was ultimately dismissed vide judgment dated 19th March, 1991. The defendant who was the appellant in second appeal before this Court had moved application for stay of dispossession and stay was granted.
(3.)Application for vacation of stay order was moved by the plaintiff which a detailed order was passed by this Court on 30th November. 1982. that order the application was disposed of with the observations that the learned counsel for the parties appearing in that case had agreed mat the annual income of the property be fixed at Rs. 750/ - per annum and in the circumstances it was ordered that the execution of the decree is stayed till disposal of the appeal subject to the appellants that is the defendants furnishing a security for the due performance of the decree which may ultimately be binding upon the parties security for mesne profits to the satisfaction of the Subordinate Judge. It is not denied that the defendant stood surety for himself and surety bond was given, attested and accepted on 20th of August, 1983.

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