Thursday, 21 November 2019

Whether in partition suit plaintiff is entitled to get mesne profits and from which period?

In suit for partition plaintiff can claim mesne profits. the plaintiff must take the joint family property as it exists at date of the demand for partition and is not entitled to open up past accounts or claim relief on the ground of past inequality of enjoyment of the profit, except where the manager has been guilty of fraudulent conduct or misappropriation.
Madras High Court

D. Nataraja Achari vs Balambal Ammal on 13 March, 1979
Equivalent citations: (1979) 2 MLJ 234

Author: V Ratnam
Read full judgment here: Click here
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