Mesne profit in partition when co-sharer is not in possession
M Satyanarayana
(Querist) 27 August 2014
This query is : Resolved
Sir/Madam,
I am holding preliminary decree in a partition suit passed by High Court wherein I was given relief for mesne profits from the date of institution of suit i.e. 1979 till final decree which is still pending in the trial court. Defendant has occupied and used the property exclusively for himself and enjoying the property pending the partition suit. I have filed the final decree and mesne proceedings simultaneously and both the I.A.s are pending.
I am living in a rented house pending adjudication of partition and division of property. Can I claim interim mesne profit or any other relief pending final decree or part satisfaction of my claim..
Please kindly advise whether I am entitle for mesne profit before final decree or any other relief during the pendency of the partition suit.
Thanking you,
MSN
