Mesne profits claim pending final decree in partition suit
M Satyanarayana
(Querist) 14 August 2014
This query is : Resolved
Sir,
I am holding 1/3rd share in the property declared in the partition suit filed by me against my sister. From the date of filing the partition suit I am not occupying the property. My sister during the entire litigation has alienated me from the property which comes to 18 years. I am forced to live in a rented house. In the preliminary decree I am entitle for mesne profits till the final decree. I have filed along with the Final decree proceedings also mesne profits. Unfortunately my sister on one pretext or other protracted the case obstructing for final decree. She has become a vexatious litigant.
At this stage as the suit is going to be long pending in the court and to desist my sister filing fake and false claims can court permit me to claim mense profits already due to me by my sister as ordered in the preliminary decree.
Sir, Please guide me about the remedy in our judiciary.
Thanking you,
MSN
Advocate. Arunagiri
(Expert) 14 August 2014
You should not have vacated the suit property.
You will get your share and mense profit only after the case is disposed finally by the trial court or appellate court.
