CHITTURI SUBBANNA versus KUDAPA SUBBANNA & OTHERS

CHITTURI SUBBANNA versus KUDAPA SUBBANNA & OTHERS

A decree under Order XX Rule 12 CPC directing enquiry into mesne profits, whether or not fully expressed, must be construed to comply with Rule 12(1)(c), limiting mesne profits to three years from the preliminary decree. A pure question of law can be raised at any stage; the High Court erred in refusing to allow...

Source-derived case information.

Parties
Appellant: Chitiuri Subbanna; Respondent No. 1: Kudapa Subbanna
Jurisdiction
India
Judgment Date
18 December 1964
Procedural Posture
Civil Appeal / Appeal From Final Decree and Cross Objection; Heard and Decided by Supreme Court
Outcome
Appeal partially allowed; case remanded to High Court for fresh determination of quantum of mesne profits limited to three years from preliminary decree.
Legal Topics
Mesne Profits, Preliminary Decree, Code of Civil Procedure Order XX Rule 12, Appeals, Practice and Procedure, Discretion of Appellate Court, Res Judicata
Civil Procedure Mesne Profits Preliminary Decree Code of Civil Procedure Order XX Rule 12 Appeals Practice and Procedure Discretion of Appellate Court Res Judicata

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Parties

Chitiuri Subbanna

Appellant

Kudapa Subbanna

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal From Final Decree and Cross Objection; Heard and Decided by Supreme Court

Legal Issues

  1. 1 Whether a preliminary decree directing enquiry into mesne profits for a period beyond three years from its date, not appealed against, is final and binding.
  2. 2 Whether mesne profits can be awarded for a period beyond three years from the date of the preliminary decree under Order XX Rule 12 CPC.
  3. 3 Whether a pure question of law can be raised for the first time at the hearing of an appeal.

Ratio Decidendi

A decree under Order XX Rule 12 CPC directing enquiry into mesne profits, whether or not fully expressed, must be construed to comply with Rule 12(1)(c), limiting mesne profits to three years from the preliminary decree. A pure question of law can be raised at any stage; the High Court erred in refusing to allow appellant to raise such point. The amount of mesne profits must be ascertained only for three years from the preliminary decree date.

Court Disposition

Appeal partially allowed; case remanded to High Court for fresh determination of quantum of mesne profits limited to three years from preliminary decree.

Orders

  • Case remanded to High Court; quantum of mesne profits to be determined only up to three years from preliminary decree.
  • Each party to bear own costs in Supreme Court.