Search Results Page
Search Results
1 - 3 of 3 (0.20 seconds)Gurudwara Baba Zorawar Singh And Baba ... vs Shri Piara Singh And Sons on 6 December, 2006
16. It is undoubtedly well settled that cause
of action for a relief of recovery of mesne profits is
separate and distinct from cause of action for the
relief of possession. (Gurudwara Baba Zorawar
Singh and Baba Fateh Singh Ji Regd. Society
Vs Sh. Piara Singh and Sons, 141 (2001) DLT
228 (DB) and Syndicate Bank Vs Raj Kumar
Tanwar, 154 (2008) DLT 230 (DB)). At the same
time, it would not be correct to contend that a suit for
mesne profits can not be filed clubbing it with the
prayer for recovery of possession or that such reliefs
must necessarily be split into two different suits;
first, a suit for the latter relief (recovery of
possession) and after a decree passed therein has
Sanjay Suneja & Anr Vs Punjab National Bank Page 21 of 32
become final and binding the second foR latter relief
(mesne profits).
Shiv Kumar Sharma vs Santosh Kumari on 18 September, 2007
18. Thus, even if a suit is first filed only for recovery
Sanjay Suneja & Anr Vs Punjab National Bank Page 24 of 32
of possession of immovable property with no claim
made for relief of mesne profits, a second suit for
recovery of mesne profits for the period subsequent to
the filing of the suit for recovery of possession may be
instituted. [Shiv Kumar Sharma Vs Santosh Kumari
(2007) 8 SCC 600]. But , it is equally settled that
such suit for recovery of mesne profits would have to
be restricted to what is within the period of
limitation.
1