Suit for Means Profit

Querist : Anonymous (Querist) 18 February 2011 This query is : Resolved
Dear Experts please answer my query,

Suit was decreed against the defendant and ordered for delivery of possession, but no prayer and order for means-profit,

1.Can the plaintiff claim means-profit by filing another suit?.

2.Can means profit claimable on property by which the defendant did not made any profit?

Thanks in advance.

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Parveen Kr. Aggarwal (Expert) 18 February 2011
No. If the relief of mesne profits is either not claimed in the suit for possession or claim made but not granted by the court, no second suit for mesne profits can be filed. The mesne profits are granted for unauthorised use and occupation of the premises and not for the profits made by the defendant.

Raj Kumar Makkad (Expert) 19 February 2011
I do agree with praveen.

Advocate Bhartesh goyal (Expert) 19 February 2011
I also agree with Mr Parveen Kr.Aggarwal.

Amit Minocha (Expert) 19 February 2011
the fresh suit is barred under order 2 rule 2

G. ARAVINTHAN (Expert) 19 February 2011
You cannot claim.. Your right for mesne profits is barred by the Code

Advocate. Arunagiri (Expert) 19 February 2011
I agree with Mr.Praveen.

Basavaraj (Expert) 19 February 2011
I also agree with Mr.Praveen

Querist : Anonymous (Querist) 20 February 2011
Thanking you one and all, for your opinion.

H. S. Thukral (Expert) 22 February 2011
You can claim mesne profits from the date of decree to the date of possession as it will be separate cause of action.

Sachin Bhatia (Expert) 28 February 2011
agree with Mr.Parveen

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