Sunday, 5 August 2018

Whether court should direct future mesne profits even if it is not claimed by a party?

The Supreme Court in R.S. Madanappa Vs. Chandramma MANU/SC/0356/1965 : AIR 1965 SC 1812 & Bhagwati Prasad Vs. Shri Chandramaul MANU/SC/0335/1965 : AIR 1966 SC 735 has held that where in a suit for recovery of possession a claim for recovery of mesne profits for the period till the date of institution of the suit is made, even if no claim/prayer for recovery of future mesne profits from the date of institution of the suit till the date of delivery of possession is made, Order 20 Rule 12 mandates the Court to direct such an enquiry into future mesne profits.

F. The reason for the aforesaid is not hard to fathom; the intent is to avoid multiplicity of suits for mesne profits for successive period after the date of the institution of the suit; each of such suits would have to be filed for recovery of mesne profits for a maximum period of three years, to avoid the defence of the claim for mesne profits having become barred by time.

IN THE HIGH COURT OF DELHI

FAO(OS) 579/2013 & CM No. 20049/2013 (for stay)

Decided On: 13.05.2014

 Santosh Arora and Ors.Vs. M.L. Arora

Hon'ble Judges/Coram:
G. Rohini, C.J. and Rajiv Sahai Endlaw, J.
Read full judgment here: Click here
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