Jogesh Chandra Roy vs The Secretary Of State For India In Council and Others

Newbould, J.—This appeal arises out of a suit for recovery of possession of a piece of land on declaration of the plaintiff''s title. The plaintiff succeeded in the suit, but in granting the decree the Munsif overlooked the fact that he claimed mesne profits for the period of dispossession. The plaintiff appealed to the District Judge of Chittagong claiming mesne profits, bat that appeal was dismissed and the plaintiff has now appealed to this Court. As the plaintiff has succeeded in establishing that he had been kept out of possession of the land to which he was entitled, he should be allowed reasonable mesne profits for the period during which he was dispossessed, subject, of course, to any law of limitation.

On my suggesting that it would be to the interest of the parties to come to an agreement as to the sum payable for mesne profits, the learned Pleader for the appellant conceded that his client who is a wealthy Zemindar would be well content to accept any sum which may be awarded by the Collector. The learned Senior Government'' Pleader who appealed for the respondents agreed that on that undertaking he would not contest this appeal. The appeal, is accordingly decreed. The appellant, the plaintiff, is declared to be entitled to such mesne profits as the Collector may consider: fit and proper.

I make no order as to costs in this Court.