I. P. Mukerji, J. - (1.) Mr. Kar for the plaintiff showed me Order XX Rule 12 of the Code of Civil Procedure which contains several sub sections.
(2.) In a suit for recovery of possession of immovable property with a claim for mesne profits the court is empowered to pass a decree directing an inquiry into mesne profits. Sub section (ba) provides for a decree for mesne profits or an inquiry into such mesne profits. Sub section ( c ) directs a similar inquiry from the institution of the suit till the delivery of possession or expiration of three years from the date of the decree, whichever event first occurs.
(3.) The legislature does not use superfluous words. Therefore, inquiry into mesne profits referred to in sub section (ba) and the one in sub section ( c ) have to be read in a proper context and given a proper meaning. An inquiry under sub section ( c ) could be undertaken during the pendency of the suit from the date of its institution, when the issue whether the defendant is in wrongful possession or the actual period during which the defendant was or is in wrongful possession is awaiting adjudication in the suit, but the defendant has delivered back possession of the property. In sub section (ba), the inquiry is after the decree for possession and wider covering the period during which the possession of the defendant became wrongful till the date of delivery of possession or expiration of three years from the date of the decree, whichever event first occurs. This sub-Section cannot be employed in this case, as the starting date of wrongful possession for the calculation of mesne profits is not established.;