7,314 8 0 per annum.
Y. Patel and I. N. Shroff, for respondents Nos.
Appeal by special leave from the judgment and decree dated January 16, 1969 of the Gujarat High Court in Letters Patent Appeal No.
T. Desai, M. H. Chhatrapati, P. N. Tiwari and O. C. Mathur, for the appellants.
The Execution Court directed eviction of the appellants after over ruling the various objections raised by them in the execution proceedings.
After the property was released by the Custodian of Evacuee Property, an application was filed by the decree holders on 26th March, 1953 for execution of the companysent decree dated 8th July, 1946 and, in that execution, possession was sought against the appellants of the property which was in .their possession.
The decision of the Execution Court on the objections taken by the appellants was challenged in appeal before the District Judge, in second appeal before a single Judge of the High Court of Gujarat, and by a Letters Patent appeal before a Division Bench.
1 and 3.
All the defendants governed by the two decrees dated 8th July, 1946 and28th January, 1949, had to pay between them mesne profits monthly which worked out to an amount of Rs.
All the Courts rejected the objectic raised by the appellants and upheld the order of the Execution Court directing delivery of possession.
H. Dhebar, B. Datta and S. P. Nayar, for respondent No.
Between them, the four appellants were required to pay Rs.
It is against the judgment of the Division Bench in Letters Patent appeal in this execution that the appellants have companye up to this Court in this appeal by special leave.
Before, the expiry of the period of five years prescribed by either of the two decrees, the Custodian of Evacuee Property, in 1950, took possession of all the properties, as one of the decreeholders had become an evacuee.
227 10 0 per mensem making up an annual amount of mesne profits of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
For this period, they undertook to pay mesne profits every month at various rates on the lands in their possession.
These original lessees, during the currency of the lease, made transfers of their rights and also granted sub leases.
503 and 506 of Asarva within the limits of Ahmedabad Municipal Corporation, on lease for a period of 49 years at an annual rent of Rs.
2,731 8 0.
Under this decree, these remaining defendants were also entitled to companytinue in, possession for a period of five years from the date of the decree, but were required to pay mesne profits for this period.
31 of 1966.
The Judgment of the Court was delivered by Bhargava, J. The predecessors in interest of plaintiff respondents 1 to 3 gave, in 1895, land, bearing Serial Nos.
In the agreement, on the basis of which the decree was passed, it was agreed that the defendant appellants will companytinue in possession of the property for a period of five years and will hand over possession after the expiry of this period of five years.
In 1945, the lessors, after serving numberice on the occupants to give vacant possession, filed a suit for recovery of possession.
199/ , to three persons, Shri Ramchandra Ambaram, Pardesi Sukhlal Anandram and Mehta Bogha Mugatram.
A number of chawls and some other buildings were companystructed on the land and some of them were let out on rent.
The remaining defendants in the suit entered into a later companypromise and,, as a result, another companysent decree was passed on 28th January, 1949 against those defendants.
Similar terms were included in the companysent decree against other defendants who joined the companypromise on the basis of which the decree was passed on 8th July, 1946.
Subsequently, a number of suits were filed for recovery of mesne profits also.
1460 of 1969.
The suit was decreed on 8th July, 1946 on the basis of a companysent decree as against some of the occupants including the four defendant appellants.
