When mesne profits due exceeds after attachment in partition suit
M Satyanarayana
(Querist) 17 October 2014
This query is : Resolved
Sir,
I am entitle as per preliminary decree passed by the High court for mesne profits against my sister who is defendant in the partition suit in possession of suit schedule property. The partition suit is pending for dividing the suit schedule property by metes and bound after lapse of 4 years still final decree has not been passed due to my sister’s filing one or the other petition prolonging the litigation. The mesne profit after taking into market value into consideration from the date of filing suit till delivery of possession mesne profit payable to me exceeds her one-third share in the suit schedule property. While passing final decree it is doubtful I may not be able to get mesne profit as ordered in the preliminary decree by high court. How can I recover my mesne profits after final decree when mesne profits exceeds her share. Please kindly advise and I will be greatly obliged if there is any citation on this matter.
MSN
