Query -bombay rent act - mesne profit under cpc order 20 rule 12
Rahul
(Querist) 19 August 2013
This query is : Resolved
Hi
In a Bombay rent act suit between owner and tenant, suit has been decreed for possession in favour of owner and Inquiry under Order 20 Rule 12 has been mentioned.
In appeal also decree is confirmed and Iquiry is mentioned.
Now tenant has filed CRA in High Court and High Court has given stay on Decree for possession.
Query 1: In such a situation, does the Owner need to apply in Trial Court for starting the Inquiry for mesne profit under Order 20 Rule 12 within 3 years of the date of Order of the Appelate Court, Or can he wait till the CRA is decided by the High Court?
Query 2: Does 3 year limitation apply for an application fromsuccessful decree holder to start the Inquiry for mesne profit under Order 20 Rule 12.
Thanks,
ajay sethi
(Expert) 19 August 2013
necessary to go through order passed by HC
Rajendra K Goyal
(Expert) 19 August 2013
The details of HC orders have to be looked into, consult your lawyer.
prabhakar singh
(Expert) 19 August 2013
You need to look into the terms of stay passed by High Court.
Raj Kumar Makkad
(Expert) 19 August 2013
It shall be better to have advice of the local lawyer after fully consulting with him the judgment passed.
Rahul
(Querist) 19 August 2013
Thanks, but while matter is pending in High Court, can Inquiry under Order 20 Rule 12 be started?
Rahul
(Querist) 19 August 2013
The High Court stay only says Decree for Possession not to be executed
