MOHAMMAD SHAKUR Vs. MTHUSANI BIBI

JUDGEMENT

(1.) This is a defendant's appeal and arises out of a suit for recovery of Rs. 544 on account of mesne profits.

(2.) On the 25 October 1920, a suit for partition of certain house properties was brought by the plaintiffs-respondents against Karim Bakhsh their brother. Karim Bakhsh died during the pendency of that suit leaving as his legal representatives his two sons Mohammad Shakur defendant-appellant and one Chhedi, who were brought upon the record in place of Karim Bakhsh. Chhedi admitted the plaintiff's claim, but Mohammad Shakur appellant contested the suit inter alia on the ground that the plaintiffs were not the daughters of Ilahi Bakhsh, father of Karim Bakhsh, and as such were not entitled to a share in the houses in dispute which belonged to Ilahi Bakhsh, and further that Mohammad Shakur and his father Karim Bakhsh had been in adverse possession of the houses in dispute for a period of more than 12 years and as such the suit was time barred. The trial Court held that the plaintiffs-respondents were the daughters of Ilahi Bakhsh but gave effect to the plea of adverse possession raised by Mohammad Shakur and dismissed the suit. On appeal by plaintiffs-respondents the decree of the trial Court was reversed, and their suit was decreed by the lower appellate Court, and the decree of the lower appellate Court was affirmed on second appeal by this Court on the 23 January 1923. A final decree for partition was prepared on the 31 October 1923, and formal delivery of possession was made over to the plaintiffs-respondents of the houses or shares in the houses allotted to them on the 7 March 1924.

(3.) By the suit, giving rise to the present appeal, the plaintiffs claimed mesne profits at the rate of Rs. 15 a month from the 25 October 1920, viz., the date of the institution of the partition suit, to the 7 March 1924, the date on which delivery of possession was made over to them.