In the title suit for the eviction the civil judge order --
1. experte to vacate and hand over the suit property kash possession to landlord with in 60 days from the date of order. dt on 05/06/2014.
plaintiff into the plaint claim for the mense profit and damages till the recovery of the possession by a separate proceedings as per provision of order 20 rule 12 cpc.
BUT, the decree is not mention any thing on mense profit . In the connection the case is unchallenged as the defendant not file W/S with in time and the testimony is unchallenged and heard exparte so no mention of mense profit into the decree.
NOW, after the 60 days the decree put on execution and lastly vacate the JD from suit property on oct,2020.
NOW analysis the matter as --
1. decree is silent about the mense profit /damages.
2.u/s 2(12) cpc --the JD is unlawful continuous possession into the suit property from sep 2014 to oct 2020 nearly SIX yearas.
QUESTION
1.can plaintiff file suit for the mense profit ?
2. If mense profit can not be claimed as decree is silent of mense profit can it be claim damages/occupational charge as the SIX years of unlawful continuous possession into the suit property from JD's part . section 2(12) cpc can it be invoked here?
3. any other suit could be institute to claim damages for AFTER the period of order date from JD .
Please suggest above matter. Thanking you.
