D. Falshaw, C.J. - (1.) THIS is an appeal under Clause 10 of the Letters Patent against the order of a Single Judge accepting an execution appeal and ordering the Appellants to pay Rs. 4,491.88 nP. to the Respondents as compensation under Section 144. Civil Procedure Code.
(2.) THE facts are that a decree for possession of certain land by pre -emption was passed on the 21st of June 1956 on payment of Rs. 20, 300/ -. The balance of the sale price was deposited by the preemptors in Court within the time specified in the decree. The impugned sale had been in favour of a number 61 vendees, three of whom filed a regular first appeal in the Pepsu High Court. The right of pre -emption of the Plaintiffs had been based merely on the ground of ownership in the estate were the land a suit was situated, and during the pendency of the appeal as the result of the enactment of Punjab Act No. X of 1960 this ground of preemption was abolished. The vendees appeal was accordingly accepted by the High Court on the 4th of August 1960 and the Plaintiffs' suit was dismissed. It does not appear that the vendee -Appellants had obtained any order for stay of execution when they filed the appeal in the High Court and the decree -holders accordingly obtained possession of part of the land on which there were no crop standing on the 10th of September 1956, and they also got possession of the remainder of the land on the 21st of September 1956. A belated stay order was obtained from the High Court on the 20th of September 1936, but this order had not been communicated when possession of the second instalment of the land was obtained. However by a order of the District Judge, Patiala, possession of the land taken on the 21st of September 1950 was restored to the vendees, but the possession of the remaining land, amounting to three -quarters of the whole, remained with the preemptors until after the decision of the appeal in this Court.
(3.) AFTER the dismissal of the pre -emption suit to appeal the vendees applied to the executing Court under Section 144, Civil Procedure Code for mesne profits with regard to the area of land which had remained in possession of the preemptors from September 1956 to the 11th of January 1961, claiming Rs. 12,000/ - on this account.;