GRISH CHUNDER LAHIRI Vs. SHOSHI SHIKHARESWAR ROY
GRISH CHUNDER LAHIRI
SHOSHI SHIKHARESWAR ROY
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Hobhouse, J -
(1.) The defendants in this case are grandsons of one Bireswar Roy who died many years ago. The respondent is the senior of them and the only one who had attained majority when this suit was instituted. It is he who has conducted the defence throughout. The plaintiff, now appellant, is also a grandson of Bireswar in this sense, that Baroda, Bireswar's daughter, adopted him. Bireswar made several grants of property to Baroda which the plaintiff claimed after her death either as heir or as devisee. Possession of them was taken by or on behalf of the defendants, and in the year 1882 the plaintiff sued to recover them. The question to be decided in this appeal arose in the execution of the decree then obtained by the plaintiff.
(2.) The decree is dated 23 December 1883. It declares the plaintiff's right to the villages or estates of which he has been dispossessed, and it proceeds thus: "And that he do get from the defendants khas possession of the same and mesne profits for the period of dispossession, and the Rs. 2,400 claimed for maintenance allowance; that the mesne profits be ascertained on inquiry at the time of the execution of decree; and that the plaintiff do get from the defendants a total of Rs. 1,255 7 annas 9 pies on account of the costs in this suit, with interest from this day till the day of realization at the rate of Rs. 6 per cent, per annum."
(3.) In the year 1885 the plaintiff obtained possession of all estates, except one called Nyadiar, of which he did not obtain possession till May 1891. The present proceedings for account and recovery of mesne profits were commenced by petition filed in January 1890. The plaintiff asked for mesne profits for three years prior to the institution of the suit up to the date of recovery of possession.;
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