CR No.2931 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2931 of 2009 (O&M) Decided on : 30-08 2010 Surjit Singh and others ....Petitioners VERSUS Gurmail Dass and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Tribhawan Singla , Advocate for the petitioners. None for the respondents MAHESH GROVER, J No one is present on behalf of the respondents despite the fact that the case has been called out twice. The only grievance that has been made in the instant petition is against order dated 21.2.2009. The limited grouse of the petitioners is that they are in possession of 1/3rd share of 92 kanals 8 marlas and 8 kanals 10 marlas but as far as mesne profits are concerned, the Court has burdened them to pay the same qua the entire land. They thus prayed that even though they do not dispute their liability to pay the mesne profits but they are liable to deposit the same only to the extent of their share in the land. This prayer was made before the Additional District Judge, Barnala who had declined the same on 21.2.2009. A perusal of the impugned order shows that even though correction was made by the Court regarding order dated 9.9.2008 CR No.2931 of 2009 (O&M) 2 however, the grievance of the petitioners qua this aspect of the matter has still been over looked. Therefore, the revision petition is accepted and the matter is remitted back to the Court of Additional District Judge,Barnala to re-consider the matter in the light of the grievance made by the petitioners herein and to see prima facie as to whether the contention raised here is correct and if so, re-determine the quantum of mesne profits to be deposited by the petitioners. August 30 , 2010 (Mahesh Grover) rekha Judge