MUNUSWAMI MUDALI Vs. JAGANNADHA REDDI

JUDGEMENT

(1.) This is an application for amendment of the decree passed in Second Appeal No. 1568 of 1923 by the late learned Chief Justice. The second appeal was disposed of on 24 March 1926 and it was dismissed with costs. The appellants in the second appeal were defendants 2, 3 and 4. The original suit was for recovering possession of certain properties with past profits, Rs. 60 and future profits at the rate of Rs. 60 per year.

(2.) The first Court dismissed the suit on the merits. On plaintiffs appeal to the District Court of Chingleput, the District Judge reversed the District Munsif's decree and on 20 November 1922 gave judgment in favour of the plaintiffs. Para. 20 of the lower appellate Court's judgment is relevant to the points that I am now considering: Therefore 1 reverse both decrees of the lower Court and in O.S. No. 346 of 1919. I give plaintiff the decree sought for with possession and Rs. 60 mesne profits as deposed to by P.W. 1 and subsequent profits at the same rate till delivery.

(3.) As I said, the second appeal preferred by the defendants against that decision of the learned District Judge was dismissed by the High Court on 24 March 1926. The decree drawn up in the lower appellate Court gave the plaintiffs possession of land and also Rs. 60 for past mesne profits, but with reference to future mesne profits this is what the decree contained: That defendants 2 to 4 (respondents) do pay to plaintiffs (appellants) Rs. 60 for past mesne profits and also future mesne profits at Rs. 60 a year from this day till delivery of possession.