Partition and mesne profits

Querist : Anonymous (Querist) 23 August 2010 This query is : Resolved
Sir,

After dismissal of my petition in the lower court against Bogus will I appeal in High Court against the order of the judgement of the lower court. After 10 long years the judgement was in my favour and the Hon'ble court decree for partition with my rightful share.

Because of bogus will and deprivation of my rightful share Whether I am eligible for mesne profits. What are the conditions and rules for the eligibility to claim mesne profits.

Please kindly advise.

Thanking you,

Yours faithfully,

M.S.N.

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Surrender K Singal (Expert) 23 August 2010
Generally, mesne profits are for unauthorised occupation of claimant's property, subject to law of limitation !

s.subramanian (Expert) 23 August 2010
You ought to have claimed mesne profits both past and future in the partition suit itself. I do not know if it has been done. If you have done it,then you can file proceedings under Order 20 Rule 12 of C.P.C. Of course only subject to the law of limitation as opined by Mr.Surender.

G. ARAVINTHAN (Expert) 29 August 2010
you can sue them for mesne profits only for three years

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