Skip to content


K.R. Muthu Alagappa Chettiar Vs. Ahmed Ibrahim Alim Saheb - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad1276
AppellantK.R. Muthu Alagappa Chettiar
RespondentAhmed Ibrahim Alim Saheb
Cases ReferredSubbe Goundan v. Krishnamochari A.I.R.
Excerpt:
- .....a direction that the defendants shall deliver to the plaintiff possession of the property. mesne profits to the date of suit are fixed at rs. 13,912-9-10 and thus there is no inquiry directed in regard to past mesne profits. under order 20, rule 12, civil procedure code, it is open to the court either to pass a decree for past mesne profits or to direct an inquiry as to such profits. in this case, the first course was adopted. the decree then awards subsequent mesne profits in respect of wet lands at 100 kalams of paddy per veli per year and in respect of dry lands at 6 annas per mah per year. here we must point out that there is a deviation from the terms of the section. order 20, rule 12(1)(c) contemplates only an inquiry as to the amount of subsequent mesne profits. but the.....
Judgment:

Venkatasubba Rao, J.

1. The learned Subordinate Judge has set aside various orders on the ground that they were passed without jurisdiction. We understand that the Question has since again been raised in this very suit before the same Judge and that he has come to a different conclusion in view of certain recent decisions of this Court. We are, however, not concerned with this. There is an obvious point in this case to which unfortunately his attention was not drawn. If the decree in question was a preliminary decree the subsequent proceedings now impeached would be merely proceedings in the suit. If, on the other hand, the decree was final, they would be proceedings in execution. It is not seriously disputed that the Court which heard the applications and made the orders which are said to be invalid was a Court which had jurisdiction to execute the decree. The question therefore, that has to be decided is, was the decree, dated 12th January 1916 in O.S. No. 4 of 1913 preliminary or final? It contains a direction that the defendants shall deliver to the plaintiff possession of the property. Mesne profits to the date of suit are fixed at Rs. 13,912-9-10 and thus there is no inquiry directed in regard to past mesne profits. Under Order 20, Rule 12, Civil Procedure Code, it is open to the Court either to pass a decree for past mesne profits or to direct an inquiry as to such profits. In this case, the first course was adopted. The decree then awards subsequent mesne profits in respect of wet lands at 100 kalams of paddy per veli per year and in respect of dry lands at 6 annas per mah per year. Here we must point out that there is a deviation from the terms of the section. Order 20, Rule 12(1)(c) contemplates only an inquiry as to the amount of subsequent mesne profits. But the decree does not direct such an inquiry but decides the measure of the defendant's, liability. We fail to see how this can be called a preliminary decree. It is final in every sense of the word. Section 2, Civil Procedure Code, says that a decree is final when the adjudication completely disposes of the suit. Here, every point regarding mesne profits (past and future) was decided and there remained nothing for further decision in the suit.

2. If we turn to the decree of the High Court passed in appeal, what do we find? It modified the decree of the Subordinate Court substantially only in one particular. For the joint liability for mesne profits of the defendants it substituted separate liability of the various defendants in proportion to the extent of the land in their occupation. There is no further interference with the decree of the first Court.

3. Order 20, Rule 12, Clause 2 runs thus:

Where an inquiry is directed under Clause (b) or Clause (c) a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry.

3. It follows from this that if the Court after ascertaining mesne profits passes a decree for the sum without directing an inquiry the decree is not preliminary but final. See the observations of Kumaraswami Sastri, J., in Subbe Goundan v. Krishnamochari A.I.R. 1922 Mad. 112.

4. In this view, no question of defect of jurisdiction arises. The orders were rightly passed and are valid. The appeal is therefore, allowed with costs throughout.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //