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Report No. 178

(i) for rule 12, the following rule shall be substituted, namely:-

"12. Decree for possession and mesne profit.- (1) Where a suit is for recovery of possession of immovable property and for rents or mesne profits, the parties shall, in addition to adducing evidence in the Court of first instance, as to their right to possession, adduce evidence also in regard to the rents or mesne profits for the period prior to the institution of the suit (if any claimed), up to the date of commencement of trial and the said Court shall, irrespective of whether a decree for possession is passed or not, record findings as to the rent or mesne profits that may be payable to the plaintiff for the aforesaid period, in the event of a decree for possession being passed..

(2) The Court may pass a decre.-

(a) for possession of the property;

(b) for the rents or mesne profits which have accrued on the property during the period prior to the institution of the suit up to the date of commencement of trial;

(c) directing an inquiry into the rents or mesne profits from the date of commencement of trial until,

(i) the delivery of possession to the decree holder; or

(ii) the relinquishment of possession by the judgment debtor with notice to the decree holder through the Court or

(iii) the expiration of three years from the date of the decree whichever event first occurs.

(3) Where an inquiry is directed under clause (c) of sub-rule (2), a final decree in respect of the rents or mesne profits, shall be passed in accordance with the result of such inquiry.

(4) Where an appellate Court orders an inquiry as stated in clause (c) of sub rule (2), it may direct the Court of first instance to make the inquiry and in every case, the Court of first instance may, of its own accord and shall, whenever moved to do so by the decree holder, inquire and pass a final decree.

(5) A decree may be partly preliminary and partly final and there may be more than one preliminary decree and more than one final decree."

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