Entitlement of mesne profit in partition suit
Querist :
Anonymous
(Querist) 06 September 2010
This query is : Resolved
Sir,
In the family one member has occupied the place showing the bogus will. The will did not come into force till the death of testatrix. After two years of her death a partition suit was filed not having the knowledge of the Will. The Will was challenged in the lower and as well as High Court ultimately the will was proved wrong and partition suit was allowed.
Now I am entitle for mesne profit as per the judgement of High Court. I have not mentioned specifically claiming the mesne profit in the the plaint . I have been deprived the possession of the land for total 25 years because the testatrix was staying in another place.
My claim for past and present mesne profits will be whether for total 25 years since the other party committed fraud and misappropriation or from the date of filing of partition suit.
Please elaborate Order 20 Rule 12 and Order 20 Rule 18 of CPC.
Thanking you,
M.S.N.
Raj Kumar Makkad
(Expert) 04 November 2011
You are entitled to claim damages for the entire period of 25 years vide which you were deprived from using your own properties.
