STATE OF M. P. Vs. RAO SOBHAG SINGH

JUDGEMENT

(1.) THIS appeal under Order XLIII Rule 1 (u) of the Code of Civil Procedure, filed by the State of Madhya Pradesh, is directed against the order of the District Judge, East Nimar, Khandwa, dated 5th April, 1967, reversing the order and final decree of the IInd Civil Judge, Class IT, Khandwa, dated 30th June 1966.

(2.) THE material facts are these. One Rao Subhag Singh filed a suit for declaration that certain Otlas situate in the Abadi of Mouza Godagpura in Khandwa Tahsil belongs to him, for a perpetual injunction for restraining the State of Madhya Pradesh and Janapada Sabha, Khandwa, from interfering with his rights over the same, and for rendition of accounts of the profits accruing there from in the Kartiki fair of 1951 and the Shivratri fairs of 1952 and 53. Eventually, the suit was decreed by the Additional District Judge, Khandwa, and it was affirmed by this Court (Pandey, J) in Stale of Madhya Pradesh vs. Rao Sobhagsingh, S. A. No. 379 of 1957, decided on the 17th August 1962 subject to this variation that the Janapada Sabha was held not liable to render accounts of the profits earned. Thereafter, Rao Sobhagsingh applied under Order 20, Rule 12 of the Code, for a final decree. This application was opposed by the State of Madhya Pradesh and Janapada Sabha on the ground that the Sabha had alone realised the profits, and, therefore, the State could not be asked to render accounts. The Sabha, however, claimed that by virtue of this Court's decision (supra) it had been absolved of liability for rendition of accounts, and, therefore, no final decree for an account of profits, even though the profits were realised by it, could be passed. They, accordingly, prayed for dismissal of the application.

(3.) THE appeal must be allowed for reasons I shall presently state. The expression "mesne profits" is defined in section 2 (12) of the Civil Procedure Code, as meaning as those profits which the person in wrongful possession of property.