From which date i should ask for mesne profits.
Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
DEAR SIR,
THE HIGH COURT DELHI ON A SUIT FOR POSSESSION FILED BY ME HAS ACCEPTED THAT THE SECOND FLOOR OF HOUSE WILLED TO ME WAS UNAOTHORISEDLY RUNNING AS A GUEST HOUSE .
THE COURT HAS DIRECTED, THE DEFNDANT, MY BROTHER TO GIVE AN UNDERTAKING THAT HE SHALL USE THE SECOND FLOOR ONLY AS A RESIDENCE AND PAY MARKET RENT TO ME AS DECIDED BY THE COUURT IF THE SUIT IS DECREED IN MY FAVOUR.
I HAV SOUGHT MESNE PROFITS FOR THE GUEST HOUSE FROM SEP 14,2007 , THREE YEARS BEFORE THE SUIT WAS FILED.
THE ORDER OF THE HIGH COURT CLEARLY EVIDENCES THAT THE GUEST HOUSE WAS IN OPERATION.
THE FACTS ARE
GUEST HOUSE IS RUNNING FROM OCTOBER 4,2007
SUIT FILED ON 13 SEPTEMBER 2011
HAVE SOUGHT MESNE PROFITS FROM SEP 14,2007, THREE YEARS BEFORE FILING OF SUIT TILL SUCH TIME THE ORDER TO STOP USE OF SECOND FLOOR AS GUEST HOUSE IS ISSUED BY THE HIGH COURT.
SIR MY QUERY IS
WHAT IS THE ACCEPTABLE METHOD GENRALLY ADOPTED BY THE COURTS.
I AM INFORMED THAT I SHOULD SEEK MESNE PROFITS ONLY FROM THREE YEARS BEFORE FILING OF THE SUIT.
CAN I HAVE YOUR LEARNED OPNION PLEASE.
ANY SUPREME COURT GUIDELINES, DIRECTIVES ON THIS ISSUE WOULD BE WELCOME
VINAY KALA AUGUST 10,11
Isaac Gabriel
(Expert) 04 September 2011
You are entitled for mesne profits from October 4 2007,but you have claimed form sep 14 2007,which could be decreed.
prabhakar singh
(Expert) 04 September 2011
i agree with Expert : Isaac Gabriel
