Ram Sahai vs Gannu Lal

Mahmood, J.—is admitted that the decree of 23rd September 1880, in execution of which the appellant obtained possession of the property, made no provision as to mesne profits, and that he realized none in execution of that decree. The decree was finally reversed by this Court on the 19th November 1881, and in executing that decree the lower Courts have restored the respondent to possession and also allowed him mesne profits.

So far as the question of possession is concerned, the order of the lower Courts was right with reference to Section 583 of the Civil Procedure Code. But the question of recovery of mesne profits is governed by the recent Full Bench ruling in Ram Ghulam v. Dwarka. Rai ante. p. 170 and we therefore partially decree the appeal and set aside the order of the lower Courts so far as it awards mesne profits to the respondent. Under these circumstances we make no order as to costs.