"A" filed a suit for possession of immovable property and mense profits of Rs.5000/- per month from the date of filing the suit from defendant "B". A and B are real brothers and the property (residential house) is in the name of "A" and only out of affection A allowed B to stay with him for some time. Now, 60% of the property is occupied by B illegally and he is not vacating the property on the plea that at the time of purchase of the property, he gave a loan of about 60% of the cost of the property. This is a blatant lie and A is even after 15 years of purchase of property is still repaying the loan to the financial institutions, from whom he has taken loan. Now, "A" is incurring heavy expenditure every month, i.e., electricity, water, welfare society, maintainance bills etc. for the entire property.
My question is that under what order and what rule of civil procedural code, 'A" can move an I.A. in the suit seeking the monthly payment of Rs.5000/- from defendant B to meet the expenses as the defendant has been deliberately delaying the legal proceedings.
Thanks in advance for legal tip.
Prabhakar
