The Indian Decisions (New Series) Being a Re-Print of all the Decisions of the Privy Council on Appeals from India and of the Various High Courts and Other Superior Courts in India Reported Both in the Official and Non-Official Reports from 1875 Allahabad (1888-1890) I.L.R. 10 to 12 Allahabad

The plaintiffs then instituted the present suit, in which they prayed that the plaintiffs' right to pay off the amount of the defendants' decree, as representatives of the judgment-debtor, be declared ; and that by setting aside the sale of the 20th February, 1885, at'which the defendants became the purchasers, a decree for the property in suit be passed in the plaintiffs' favour with costs. " The [...] Thereupon the present respondents, who are zamindars of the village, sued the vendors and the vendee for the cancellation of the deed of sale, and also for pos- session of the land, but the prayer for ousting was limited to the ejectment of the vendee on the ground that the sale-deed under which he had purchased the tenure was illegal, by reason of the prohibition contained in s. 9 of the Rent Ac [...] The application was resisted upon the grounds, inter alia, that the APPEL- future mesne profits to which the decree related referred only to a period LATE subsequent to the date of the decree, and not to the period intervening between the institution of the suit and the passing of the decree; and in the next place, that the amount of mesne profits claimed by the decree- 10 A. 15= holder was excess [...] The lower appellate Court has also held that the period to which such mesne profits related was the period from the date of the institution of the original suit up to the date when the decree-holders obtained possession of the land under the decree. [...] The contention of the parties before me raises two questions for determination:- 1. Whether the future mesne profits awarded by the decree of the 17th January, 1884, as amended on the 15th January, 1886, are to be calculated for the period between the date of the suit up to the actual possession, or is limited to the interval between the passing of that decree and the date of possession of the dec