Mesne profits in a suit for partition!
Suresh Babu Rai
(Querist) 01 April 2015
This query is : Resolved
Good Morning Sir!
I have filed a suit for partition against the co-sharers. The same is pending for framing and settlement of issues.
That the properties sought to partition are the agricultural lands and till the date of filing of the suit, my client was in joint possession along with the defendants and they used to share the crop over their lands.
That due to some differences the defendants denied the share of my client as such I am construed to file a suit for partition. Soon after receipt of notices and summons in the suit, the defendants have forcibly necked out my client from their house and not offering any amount of crop.
That during this harvesting season, the defendants were marketed the crop and did not pay anything from such crop to my client. Sir! Can I file an interlocutory application? Praying the court for manse profits! I mean to deposit the amounts from the crop!
Thanking you sir,
Devajyoti Barman
(Expert) 01 April 2015
This is not regarding mesne profit This is for rendition of accounts.
Hence you can apply for appointment of Receiver to proper accounts can be managed and the same can be deposited for division when the suit will be decreed.
ajay sethi
(Expert) 01 April 2015
AGREE WITH mR bARMAN
Suresh Babu Rai
(Querist) 01 April 2015
Petition under Section 151 of CPC ? Or there any specific provision! Please guide me!
Rajendra K Goyal
(Expert) 01 April 2015
Well advised, agree with expert Devajyoti Barman.
Devajyoti Barman
(Expert) 01 April 2015
Appointment of Receiver is DONE under Order 40 of CPC.
