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Muthu Subramania Chettyar Vs. Muthu Vardarajulu Chetty - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.710
AppellantMuthu Subramania Chettyar
RespondentMuthu Vardarajulu Chetty
Cases ReferredGirish Chunder Lahir v. Sasi Sakhareswar Roy
Excerpt:
decree - order ascertaining mesne profits--non-award of interest--power of appellate court to add interest. - 1. the order ascertained the amount of mesne profits, but did not award interest, and the lower appellate court, in allowing it, has added to the order, harmanoiee narain singh v. ram prasad singh 6 cri.l.j. 462 ; girish chunder lahir v. sasi sakhareswar roy 33 c. 29 has no application, as there mesne profits were not ascertained in the decree. we modify the district judge's order by directing the exclusion of interest. the appeal is otherwise dismissed. there will be no costs.
Judgment:

1. The order ascertained the amount of mesne profits, but did not award interest, and the lower appellate Court, in allowing it, has added to the order, Harmanoiee Narain Singh v. Ram Prasad Singh 6 Cri.L.J. 462 ; Girish Chunder Lahir v. Sasi Sakhareswar Roy 33 C. 29 has no application, as there mesne profits were not ascertained in the decree. We modify the District Judge's order by directing the exclusion of interest. The appeal is otherwise dismissed. There will be no costs.


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