case law on mesne proffit / posseseion

aisha (Querist) 05 December 2009 This query is : Resolved
Can anyone provide case law on mesne proffit / posseseion , where agreement to sell a flat has been executed and registered . Full consideration has been paid and possension been given and written in thee full and final payment reciept . Later on seller refused to perform part of his duty and took back posseion and rented out the property. now seller has filed case for court to order seller to transfer flat and handover the posseion. I want to claim the rent till the case decision ie mesne profit.

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Raj Kumar Makkad (Expert) 05 December 2009
I think erroneously you have mentioned in second last line of your quarry that "now seller has filed case......". It might have been buyer.

Your case is not for a petty matter of mesne profits rather it is a forceful dispossession from your property. You have already filed the suit in this regard. File an application for the restoration of the possession which the seller forcibly took over from the buyer.

H. S. Thukral (Expert) 06 December 2009
How long the possession of the property had been with you after the sale agreement?

aisha (Querist) 06 December 2009
Handed over the possesion to me on 25th dec 2005 ie in the full and final payment reciept duely signed by him . Then i got flat furnished / woodwork in jan. And also advertised in the news paper for TO-let. We left one key with security gaurd of society as we reside at different place .Rest of the keys ie 3 sets of all doors and 2 keys of main door are still with me. In march 2006 he was suppose to transfer flat in my name according to agrement. And in march he filed petition to cancele this agreement as it was not done under duress. That time i checkedup the flat and security gaurd did allowed me as the he had instructed him and socety president that i shold not be allowed to enter. After this i filed petition grant stay , order seller to transfer in my name and also handover possesion which has been taken over illegaly in march 2006 and also deposited the trasfer fee ie 1.04 lacs (flat cost 25 lacs) Court has granted the stay and my case is on evidence stage (defendent). his case was also merged with mine case.