interim relief in a suit for the possession of immovable property and mesne profits
Guest
(Querist) 03 January 2009
This query is : Resolved
A is the plaintiff and elder brother of B, the defendant. A purchased a house in the group housing society, meant for only his organisation employees, after taking housing loan from his organisation and also from thrift and credit society. His younger brother along with his family requested his elder brother to allow him to stay with him for some time. Later on, the younger brother forced the plaintiff to vacate and stay in the first floor and illegally occupied the ground floor. The defendant also was forcing the plaintiff to sell half of the property to him. When the plaintiff filed the case for possession of immovable property and mesne profits for Rs.5000/- per month from the date of suit, the defendant resisted by saying that actually, he financed the plaintiff to purchase tghe property and that is why he hasgot rights in the property. The clear title is in the name of plaintiff and he is still paying instalments to his employer for the housing loan. In the case the pleadings are complete and the evidence is yet to start. The defendant is prolonging the litigation by filing frivolous applications.
Now my question is:
Under what order and rule of C.P.C., the plaintiff can move interim application seeking interim relief of Rs.5000/- per month from the defendant, as the plaintiff is paying electricity, water, housing society and other maintenance charges. Kindly advice me and sincere advance thanks.
smilingadvocate
(Expert) 04 January 2009
Mr.Prabhakar first of all first the possession of your brother must be proved as illegal and then only you will be entitled for any interim or final relief of mesne profits and to know whether the possession is illegal or not the trial has to complete and decide that the possession is illegal then only the question of mesne profits would arise.
coming to the payment ofelectircity water, and housing society and other maintenenace charges you can ask the society and the electicity and water department disconnect the amenities if they are separate or you can ask the court to give direction to the defendent to pay the amounts without prejudice to your rights.
PALNITKAR V.V.
(Expert) 04 January 2009
Mr. Prabhakar you will not get any interim relief as opined by Smilingadvocate. About electricity and other outgoings also you may stop paying them and inform the concerned authorities not to give new connection to the defendant without your permission.But I think it is better that you continue paying society outgoings.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 05 January 2009
first of all the possession of your brother must be proved as illegal and then only you will be entitled for any interim or final relief of mesne profits and to know whether the possession is illegal or not the trial has to complete and decide that the possession is illegal then only the question of mesne profits would arise.Alongwith this you continue paying society outgoings.For more querries & help u can contact me at: rakhibudhiraja@gmail.com
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