Sri Raja Velugoti Venkatesha Varnda Raju Gopalakrishna Yachinra Bahadur. Vs. The State of Andhra Pradesh.
EmailAppeal: Civil Appeal No. 2035 of 1973.
Petitioner: Sri Raja Velugoti Venkatesha Varnda Raju Gopalakrishna Yachinra Bahadur.
Respondent: The State of Andhra Pradesh.
Apeal: Civil Appeal No. 2035 of 1973.
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 10, 1987
Head Note:
MESNE PROFITS:
Decretal amount reduced by Rs. 20, 000 – Subject to the modifi cation the decree passed by the High Court confirmed.
JUDGEMENT:
ORDER
The only dispute is with regard to the quantum of mesne profits awarded to the ~4~ State in connection with the wrongful occupation of the land in question by the appellant. The High Court has awarded a total sum of Rs. 1,97,368.30 with interest at 6% on the principal amount of Rs. 92,763/- from 1-1-1972 till the date of realisation. Learned counsel for the appellant as also learned counsel for the respondent have taken us through entire record of the judgments rendered by the High Court. They have also addressed us with ability and fairness on all the questions which arise in the context of the claim for mesne profits. Having given our anxious consideration to all relevant aspects, we are satisfied that equitable considerations demand that the decretal amount is reduced by Rs. 20,000/- (Rupees Twenty Thousand only). We, therefore, modify the decree passed by the High Court by substituting a decree for Rs. 1,77,368.30 in place of a decree for Rs.1,97,368.30 along with interest and costs. The interest will be computed on Rs.92,763.30 at 6% from 01-01-1972 till the date of realisation. The costs except in this Court will be computed on the decretal amount as modified by us. Subject to this modification, the decree passed by the High Court is confirmed. The appeal is disposed of accordingly with no order as to costs in this Court.
The only dispute is with regard to the quantum of mesne profits awarded to the ~4~ State in connection with the wrongful occupation of the land in question by the appellant. The High Court has awarded a total sum of Rs. 1,97,368.30 with interest at 6% on the principal amount of Rs. 92,763/- from 1-1-1972 till the date of realisation. Learned counsel for the appellant as also learned counsel for the respondent have taken us through entire record of the judgments rendered by the High Court. They have also addressed us with ability and fairness on all the questions which arise in the context of the claim for mesne profits. Having given our anxious consideration to all relevant aspects, we are satisfied that equitable considerations demand that the decretal amount is reduced by Rs. 20,000/- (Rupees Twenty Thousand only). We, therefore, modify the decree passed by the High Court by substituting a decree for Rs. 1,77,368.30 in place of a decree for Rs.1,97,368.30 along with interest and costs. The interest will be computed on Rs.92,763.30 at 6% from 01-01-1972 till the date of realisation. The costs except in this Court will be computed on the decretal amount as modified by us. Subject to this modification, the decree passed by the High Court is confirmed. The appeal is disposed of accordingly with no order as to costs in this Court.
