Mense profits
pradeepsb
(Querist) 05 January 2017
This query is : Resolved
Initially I filed a suit for injunction against trespass in 1996,which was amended to reliefs of declaration and possession 1999.The suit was decreed in my favour in 2016,after inumerable IAs and rounds in High court and Supreme court.
I had omitted to seek for mense profits initially,now can I file a separate suit for manse profits separately from the date of trespass in 1996?The Trial Court has held only now in Judgement of 2016 that the Defendants are trespassers at all times right from beginning.
Initially in the year 1996 the defendants produced some documents to show that they were lawful title holders of the property,against my documents to show my lawful titles of the property.Finally the Court held in judgment that my documents are lawful and the defendants documents were fraudulent and ordered for Possession.
I would appreciate a proper advise.Thanks in advance
Rajendra K Goyal
(Expert) 05 January 2017
Discuss with your lawyer who is fully aware of case file, facts, documents and orders.
P. Venu
(Expert) 05 January 2017
You should have sought all the reliefs in the same suit. Law does not encourage multiplicity of suits.
Dr J C Vashista
(Expert) 11 January 2017
I agree with the experts.
What were you doing since 1996 when you instituted the suit for injunction, which was subsequently amended for declaration and possession in the year 1999?
Did you ever discuss the issue of claiming "mesne profits" with your lawyer? If not, why now? Just forget.
Now it is barred under the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908.
