Partition suit
Querist :
Anonymous
(Querist) 19 November 2010
This query is : Resolved
Sir,
I filed partition suit for claiming 2/3rd share in my mother's property since she died intestate. At the time of filing the suit in the lower court the prayer in the plaint was "claiming 2/3rd share in the property and to any other relief the plaintiff entitled to". The petition was dismissed in the lower court and I appeal in the High Court. The partition suit was allowed in the High Court and a preliminary decree was passed by the Hon'ble High Court. While passing the judgement the High Court also passed for the claims of mesne profits to me. Since I have not specifically mentioned in the plaint the rate at which I intends to claim. Now on what basis the mesne profits will be arrived at. Alternatively do I have right to claim at the rate I decide or the same will be decided by court. But the question is on what basis the court decide the mesne profit when it is not specifically mentioned in the plaint in the lower court. What are the consequences ?
I would be grateful if you kindly advise me.
Thanking you,
Yours faithfully,
M.S.N.
Devajyoti Barman
(Expert) 19 November 2010
The court has granted only the prel8minary decree not the final one. And for final decree the process is to apply for appointment of Commissioner who would give to the court a sketched map of respective share on which basis the court would grant final decree. The same Commissioner would also mention an amount to the court for mesne profit.
