Recovery of money
b B Raju
(Querist) 11 July 2017
This query is : Resolved
Since my brother fradulently created documents to my share of property and grabbed, I have filed a original suit before civil judge praying for cancelation of the said document. Simaltaneouly I have also filed criminal case. Both the cases are still pending. While filing the civil suit I have not filed any IA for claiming the rents which the tenants are paying. My brother is collecting the rents and enjoying. Now I kindly request the learned lawyer's to suggest how to claim the rents or how to force my brother to Deposit the rents in the court. Necessary law provisions may please be advised
P. Venu
(Expert) 12 July 2017
The question of mesne profits cannot be decided in an IA. This question needs to be decided in the suit itself. you may amend the pleadings as well the reliefs sought, if so advised.
Rajendra K Goyal
(Expert) 12 July 2017
Your lawyer should move application to court for orders regarding for depositing the rent in the court till case is decided.
