Law: Punjab Tenancy Act, (XVI of 1887)

Section: S. 77 (3), Third Group, cl. (n)

Punjab Tenancy Act (XVI of 1887), S. 77 (3), Third Group, cl. (n)-Suit for mesne profits-Land obtained through decree in pre-emption suit-Pre-emptor does not become entitled to mesne profits, unless there is "final" decree and payment is made "under" that decree-Civil Procedure Code (V of 1908), O. XX, r. 14.   ORDER   The brief facts of this revision petition are as follows: --   The respondent obtained a pre-emption decree in respect of five fields situated in village , Khushmaqam District Peshawar against the petitioner on payment of Rs. 13,422-14-0. In appeal before the former Judicial Commissioner Peshawar the suit in respect of three of the five fields was dismissed ; the decree was upheld in respect of the remaining two fields but the suit was remanded to the trial Court; for a determination of the market value of these two fields. This price was determined as Rs. 8664-8-0. The respondents who had deposited this amount before the institution of the suit under the provisions of section 22 of the Pre-emption Act, then sued in the revenue Courts for mesne profits for the period Kharif 1954 to Rabi 1959. This suit was decreed and the decree has been upheld in appeal by the Collector and in revision by the learned Additional Commissioner. A second revision has now been filed.   The main argument that has been taken up before me is that the pre-emptor becomes entitled to mesne profits when he pays the amount of the purchase price…