JUDGMENT Prinsep and Stephen, JJ. - The question raised in this appeal in whether, in the ascertainment of mesne profits due to the decree-holder, Appellant, he was entitled to receive interest, year by year, on the amount found to be due. 2. The Subordinate Judge has refused to give his interest on such a calculation and has given interest only on the amount actually ascertained and embodied in the decree. The case of Hurro Durga Chowdhrani v. Surut Sundari Debi ILR (1881) Cal. : L.R. 9 IndAp 1 has been cited by the learned pleader for the Respondent as authority for this order. On the other hand, the learned pleader for the Appellant draws our attention to Section 211 of the Code of 1882, which was enacted after the judgment of their Lordships of the Privy Council, in the case just mentioned, in which mesne profits are defined to mean "those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits." We find that the previous Code of 1877 for the first time defined mesne profits and that, in that definition the last words, viz., "together with interest on such profits," did not appear and it was in accordance with the terms of that Code that the judgment of their Lordships of the Privy Council was pronounced. It seems to us that these words, which have since been embodied' in this definition, should receive some express meaning. They clearly do not refer to interest due after the ascertainment of the amount of the mesne profits due under the decree, because the Courts have been given a discretion to award interest separately on the amount so ascertained. The words, therefore, seem to us to contemplate that interest should form a separate item in the calculation of the amount due as mesne profits and in this view, we modify the order of the Subordinate Judge and direct that he allow interest at the rate of twelve per cent, per annum, year by year, on the profits before the ascertainment of the actual amount of such mesne profits under the decree. We observe that the Subordinate Judge has given interest on the amount so ascertained regarding which no appeal has been made.