On 27th September, 1955 the trial Court passed a decree against Nawab Nawazish Ali Khan in the following terms It is hereby decreed that the defendant to pay to the plaintiff the sum of Rs.
11,53,600/ with interest thereon at 3 per annum to the date of realization on account of mesne profits which haves accrued since the institution of the suit subject to payment of Court fee on the entire amount after deducting the Court fee already paid.
A suit was brought in 1935 by one Nawab Ali Raza Khan against Nawab Nawazish Ali Khan for recovery of property After a chequered career the suit was disposed of in appeal by the Judicial Committee of the Privy Council by a decree granting a declaration in favour of the plaintiff, A claim for mesne profits was left to the trial Court for adjudication.
It appears that during the pendency of the aforesaid proceedings the plaintiff, Nawab Ali Raza Khan, had applied for attachment.
Lila Devi, was in possession and claimed that the land on which Prakash Talkies stood belonged to her, he levied the recovery proceeding against her.
As the respondent, Smt.
An appeal was subsequently dismissed by the Assistant Custodian General.
An objection was filed by the defendants wife, Asmat Jahan Begum, that the properly belonged to her.
Hence this appeal.
A special appeal filed by her against the judgment and order of the learned Single Judge has been allowed by a Division Bench.
One of the properties against which attachment was levied was a plot of land on which stood a cinema building Prakash Talkies.
The objection was allowed.
The obligation on the part of the judgment debtor to pay the mesne profits accrues only on the satisfaction of that companydition Admittedly, the deficiency in Court fee has number been removed.
The writ petition was dismissed by a learned Single Judge.
Then she filed a writ petition in the High Court of Allahabad.
He proceeded to recover the amount decreed as mesne profits under Section 48 of the Administration of Evacuee Property Act.
Her objection that the property belonged to her and companyld number be said to be part of the evacuee estate was overruled by the Assistant Custodian of Evacuee Property.
Plainly, therefore, the appellant is number entitled to payment of the mesne profits under the decree.
But on a suit under Order 21 Rule 63 C.P.C. Brought thereafter by the decree holder the property was held to belong to Nawab Nawazish Ali Khan It seems that the decree holder migrated to Pakistan, and his estate was taken over by the Custodian of Evacuee Property.
Murtaza Fathak, J. This appeal by certificate granted by the High Court of Allahabad under Sub clauses a b and c of Clause 1 of Article 133 of the Constitution is directed against the judgment and order of the High Court all owing a special appeal arising out of a writ petition filed by the respondent.
