...the 10th of May, 1879, and was made upon a claim by Ram Kirpal Shukul, the present Appellant, for mesne profits in execution of a decree of the late Sudder Court, by which a decree of the Principal...Defendant, was upheld upon appeal. Upon the claim for execution being made, a question arose whether or not the decree in execution awarded future mesne profits. That question had been determined in the affirmative...the decree for mesne profits be disallowed.2. The judgment of the Divisional Bench upon which the order was drawn up was in the following terms:-The Full Bench has expressed an unanimous opinion that ...

...1. The short point for determination in this appeal is, whether the direction to ascertain the mesne profits in execution is illegal and whether any order passed in execution ascertaining...mesne profits is not executable. The facts are: O.S No. 211 of 1941 was filed for recovery of possession of certain lands with mesne profits. The suit was decreed for possession on 31-3-1943 and the question relati...decree-holders for ascertainment of mesne profits. The learned District Munsif of Hosdrug, after due enquiry, ascertained the mesne profits as per the reports filed by the Commissioner appointed for that purpose....

...entitled to mesne profits. 2. The decree is silent as to the date up to which mesne profits are to run. It merely says that mesne profits are to be ascertained and realized on a s...decree which limit or define the period for which the judgment-debtor is liable for mesne profits. He, therefore, thinks that the Court in execution is at liberty to interpret the decree as giving a...interest or mesne profits subsequent to the institution of the suit, the Court executing the decree cannot assess or give execution for such interest or mesne profits." 4....

...refuge in the fact that the mesne profits were determined in E.P. No. 1165 of 1953, in O.S. No. 406 of 1942 by the District Munsif of Gobichettipalayam who was in this case the person who could hear and determine the ..., observed that so far as the properties in S.A. No. 429 of 1946 were concerned, the plaintiffs would be entitled to mesne profits at a rate to be ascertained in execution proceedings from the date...learned Additional Government Pleader contra. Mr. R. Ramamurthy Ayyar, for the petitioner, could not adduce any authority for holding that even now, after the amendment of Section 47, mesne profits could be determined in ...

...preliminary decree directed inter alia. that the mesne profits due to the plaintiff on his share mentioned above be determined on a separate petition by the plaintiff in execution. 2...petition for ascertainment of mesne profits must be in execution, Relying on this direction the appellants' learned advocate has argued that the application for ascertainment of mesne profits must be one i...relied on in support of the argument, it was held with reference to a decree which directed that the mesne profits should be ascertained at the time of execution that there was no want of jurisdiction...

...profits to the decree-holder by correction upon satisfaction that the plaintiff had specifically claimed such profits and its pleader was admitted to have made an oral statement requesting the Court to determine the amount of ...1969 MPLJ 716, 1969 ACJ 274. In Maharaj Puttu Lal v. Sripal Singh AIR 1937 Oudh 191 the Court had awarded the mesne...material on record but relied upon assessment of the profits by the Income Tax Officer while assessing the income of the contractors from building contracts.”Such a...

...three properties and he asked for mesne profits. The suit was decreed in respect of one ??? the properties and a certain order was passed in respect of mesne profits. I was to the effect: “The amount of ...) of the CPC. His application has been disallowed on the ground that the judgment did not direct payment of any mesne profits to the appellant. It is against this order the present appeal has been filed.3. The assessm.... The same rule would apply to the present case.4. The appellant has valued his claim for mesne profits at Rs. 15,106-12-7. His right to this amount has been negatived. His appeal is therefore directed against what am...

...the difficulty arises in this way. In a suit before the First Class Subordinate Judge of Dharwar the learned Judge directed that the plaintiffs do recover mesne profits from the date of suit from the defendants. There was then an ap...) Questions regarding the amount of any mesne profits as to which the decree has directed inquiry;(b) Questions regarding the amount of any mesne profits or interest which the decree has made payable ...order under section 47 of the cpc. It is to be noticed that the actual order which the High Court passed was not that the amount of mesne profits be recovered in execution, but that they be determined...

...1. The Subordinate Judge, Kasaragod passed a decree for possession of immovable property as if it is a final decision of the case. Mesne profits was allowed without specifying the period from or upto which it was granted....also proceeded as if it is a final decision of the case. While confirming the decree for possession and the direction to ascertain mesne profits in execution, the claim of the defendant for value of...C.P.C for a final decree under sub-rule (2) as if the decree already passed is a preliminary decree directing an inquiry regarding mesne profits under Order 20 rule 12(1)(c)....

...Article 181 of the Indian Limitation Act.Under the Civil Procedure Code of 1882 the amount of mesne profits was to be determined in execution proceedings [vide...Radha Kishen that an application to ascertain the amount of mesne profits was an application in the suit and not an application in execution and neither Article 178 nor 179 of...the Indian Limitation Act applied to such an application. This Court, however, differed from the Calcutta High Court and held that an to have the future mesne profits ascertained was an Shankar application in ...

...had been made in 1862. In execution proceedings the question arose whether or not, the decree awarded mesne profits. The District Judge, Mr Probyn, decided this question in the affirmative. In 1879 the decree had not yet be...were pending. The question was raised again before the executing court whether the decree allowed mesne profits. That court held that he was bound by the decision of Mr Probyn that the decree did allow mesne ...and execution of decree in respect of mesne profits be disallowed. The Privy Council after stating that Mr Probyn's order was an interlocutory judgment stressed the fact it had never been reversed or...

...liabilities of defendant 1, which were directed by the decree to be ascertained at the time of the execution.2. The third prayer with regard to the mesne profits of the property in Schs. A and B has been disal...the suit itself under O. 20, R. 12, and therefore he had no jurisdiction to go into the question of the ascertainment of the mesne profits. It appears that in the decretal portion of the judgment delivered by the Subordinate Judge i...possession of the property after the actual division thereof.3. This direction as to the ascertainment of the mesne profits in execution does not find its place in the decree as drafted...

...Section 11 of the Court Fees Act. The respondent had obtained a decree for possession of immoveable property with mesne profits, which were to be ass...the mesne profits which had been ascertained in the previous March, and on the 27th August the judgment-debtor objected that the suit having been dismissed there was no decree in existence of which the applicant could take out ..., and the second clause, which is the important clause in this case, is as follows: "Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the...

...question for determination being whether the dismissal of an application for the determination of mesne profits means the same thing as the dismissal of the suit. The facts of the case are these. The decree-holders obtained a decree...then dismissed. The decree-holders then applied for realization of costs and for determination of mesne profits. The costs were realized, and execution proceedings were, dismissed on...profits but the necessary Court fees had not been deposited within the time fixed by the Court, and that being so, it was held that the suit, that is, the claim in respect of mesne profits, must be dismissed and that after ...

...properties in which an order had been made under the old C.P.C. for ascertainment of mesne profits in the Execution Department. When an application was made for attachment before judgment in the matter of...ascertainment of mesne profits in the execution proceedings a claim was preferred by the plaintiff which was dismissed on the 28th of February 1914. The execution case was then dismissed on the 22nd of...January 1915. The defendant-respondent ultimately succeeded in obtaining an order from the Appellate Court allowing their right to prosecute the application for ascertainment of mesne profits in 1918...

..., though discretionary.4. Under these circumstances, we think that the learned Single Judge was not right in imposing the condition of depositing the mesne profits as a condition precedent for ...has been disposed of with directions to deposit and to continue to deposit mesne profits at the rate of Rs 2000 per month from the date of ex parte decree. Hence, this appeal by special leave...mesne profits from the date of ex parte decree and to continue to deposit it as a condition to contest the application to set aside ex parte decree. Moreover, such onerous condition is not valid...

.... The respondent obtained a preliminary decree in O. S. No. 8 of 1921, Sub-Court, Mayavaram, for possession and mesne profits against the same judgment debtor under O. 20, R. 12, Civil Procedure Code, declaring her right to the prop...execution of decree for the payment of money” as required under the section. The latter objection is based on the ground that an enquiry into mesne profits being a proceeding in the suit itself under...O. 20, R. 12, even though under O. 21, R. 42 a decree-holder for mesne profits may obtain an attachment before the amount is ascertained, still to enable him to claim the benefit under S. 73 he must have filed a petition for ...

...to determine the mesne profits till possession was delivered to the decree-holder in execution. Consequenty, a sum of Rs. 40,000/- was determined to be the mesne profits, giving rise to Civil...dismissed on November 13, 1984. On the basis of the said ad interim order further mesne profits could not be realised in execution. Thus, argued the learned counsel, the whole approach of the...High Court are liable to pay the amount for which they are sureties, or not. The question whether the decree holder is entitled to the mesne profits in execution proceedings or not after the appeal...

...to recover possession with mesne profits. His right to mesne profits was attached by the respondent in execution of a decree held against him by the first respondent. The first respondent applied...under section 273(b), Code of Civil Procedure, to recover mesne profits by way of execution and his application was granted. Appellant contends that even assuming that he was...)), or it may he enforced by summary process in execution under section 583. If a summary order awarding mesne profits had been made before the attachment under which the first respondent claimed, it...

...) held was a possessory mortgage pure and simple and delivery in execution of the decree was ordered in 1957 after kerala act 1 of 1957 came into force. The decree grants mesne profits, And the courts...therefore a holding within the meaning of kerala act 1 of 1957, And that therefore recovery of mesne profits in execution of the decree was stayed under s. 4 of act 1 of 1957...agree with the lower appellate court must be construed to mean that when a decree for possession awards also mesne profits, The decree in its entirety is not to be regarded as a decree in respect of a...