mesne profit in partition suit

Querist : Anonymous (Querist) 27 August 2010 This query is : Resolved
Sir,

While filing the partition suit I have not mentioned in the plaint the rate of mesne profit and the amount to be claimed from mesne profit. The Hon'ble court awarded mesne profit in the judgement but did not mentioned the rate at which mesne profit can be claimed. The decree was passed granting 2/3rd share to me and 1/3rd share to my sister. Before filing the suit my sister was occupying the whole open land and house. The suit was filed in 1997.

Now how is the mesne profit calculated or at what rate What is the criteria for calculating the mesne profit. What method is adopted in case it is not mentioned in the plaint. My right to claim mesne profit is forfeited If I have not mentioned in the plaint specifically. I prayed for any other relief the Hon'ble court may deems fit. The court has decree the order for mesne profit.

Can I claim mesne profit and at what rate I should claim mesne profit while filing for mesne profit.

Please advise me. I will be grateful for your valuable suggestions.

Thanking you,

Yours faithfully,

M.S.N.

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s.subramanian (Expert) 27 August 2010
What you would have earned from the suit properties during the period for which it was in the possession of the co-owners is called mesne profits. You calculate that amount reasonably and claim it from the occupants of the properties under Order 20 Rule 12 of C.P.C.

R.Ranganathan (Expert) 02 September 2010
I agree with Mr. S.Subramanian. You file it in the proportion of 2/3rd for yourself and 1/3rd for your sister like the share in the property.

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